Rule 23 Activation of suspended sentences of service detentionI1
United Kingdom
This rule applies where the commanding officer records a finding that a charge has been proved, and the offence was committed during the operational period of a suspended sentence of service detention passed on the accused by an officer or the Summary Appeal Court.
Where this rule applies, the commanding officer shall not—
award one or more punishments in accordance with section 131(4)(b) of the Act before he has complied with paragraph (3); or
make any activation order before he has complied with rule 22(1).
The commanding officer shall give the accused an opportunity to make submissions either orally or in writing about—
the appropriateness of making an activation order;
the appropriate terms of such an order if it were made.
In considering whether to make an activation order and, if such an order is to be made, what its terms should be the commanding officer shall take into account the following matters—
the details of the offence or offences for which the suspended sentence of service detention was imposed;
such details as are known to the commanding officer of all proven offences committed by the offender during the operational period of the suspended sentence of service detention;
the reasons given for any decision not to make an order under section 191 or 193 of the Act in relation to the suspended sentence of service detention;
any disciplinary record of the accused;
any submissions made by the accused about the matters mentioned in paragraph (3);
any character evidence adduced by the accused;
any other matters that appear to the commanding officer to be relevant.
The commanding officer shall—
inform the accused of his decision as to whether to make an activation order; and
give his reasons for the decision.
If the commanding officer makes an activation order he shall—
inform the accused of the terms of the order;
remind the accused of his right of appeal under section 141 of the Act; and
remind the accused of his right to make an election under whichever of sections 290(2) and 291(2) of the Act, as modified by section 292, applies.
Annotations
Commencement
- I1
Rule 23 in force at 31.10.2009, see rule 1