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Article 5 Release from service detentionI1

United Kingdom

(1)

No person serving a sentence of service detention shall be released from service custody premises except—

(a)

in accordance with rule 33;

(b)

by an order of a court of competent jurisdiction; F1...

F2(ba)

by an order of a commanding officer made under Rule 36H(2) of the Armed Forces (Summary Hearings and Activation of Suspended Sentences of Service Detention) Rules 2009; or

(c)

on the expiry of his sentence, less any remission provided for in these Rules.

(2)

Where his sentence of service detention is due to expire on a Sunday or public holiday, a detainee shall be released on the nearest previous weekday and the balance of the sentence shall be deemed to be remitted.

Annotations

Textual amendments

F1

Word in art. 5(1) omitted (13.11.2023) by virtue of The Service Custody and Service of Relevant Sentences (Amendment) Rules 2023 (S.I. 2023/1103), rules 1(2), 4(a)

F2

Art. 5(1)(ba) inserted (13.11.2023) by The Service Custody and Service of Relevant Sentences (Amendment) Rules 2023 (S.I. 2023/1103), rules 1(2), 4(b)

Commencement

I1

Art. 5 in force at 31.10.2009, see art. 1(1)