# The Armed Forces (Court Martial) Rules 2009, Paragraph 202: Activation of suspended SDA sentence of detention


(1) The court may not, by virtue of having convicted a person of an SDA election offence, make an order under section 191(3) in respect of a sentence passed under AA 1955 or AFA 1955.
(2) Sub-paragraph (3) applies where, by virtue of having convicted a person of an SDA election offence, the court makes an order under section 191(3) in respect of a sentence of detention passed under NDA 1957 for a term of more than 90 days.
(3) The order must provide—
(a) that the suspended sentence shall take effect with the substitution of a term of 90 days or less for the original term; or
(b) that the suspended sentence—
(i) shall take effect for 90 days; and
(ii) shall then have effect as if it were a suspended sentence of service detention for a term of not more than that part of the original term which exceeds 90 days.

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Source: https://www.legislation.gov.uk/ukdsi/2009/9780111479216/schedule/2/paragraph/202 (the official version)
Page: https://openlegislation.uk/draft-armed-forces-court-martial-rules-2009/schedule-2/paragraph-202
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.