{
  "url": "https://openlegislation.uk/service-custody-and-service-of-relevant-sentences-rules-2009/article-5",
  "json_url": "https://openlegislation.uk/service-custody-and-service-of-relevant-sentences-rules-2009/article-5.json",
  "legislation": "uksi/2009/1096",
  "legislation_title": "The Service Custody and Service of Relevant Sentences Rules 2009",
  "legislation_url": "https://openlegislation.uk/service-custody-and-service-of-relevant-sentences-rules-2009",
  "path": "article/5",
  "kind": "article",
  "number": "5",
  "heading": "Release from service detention",
  "text": "(1) No person serving a sentence of service detention shall be released from service custody premises except—\n(a) in accordance with rule 33;\n(b) by an order of a court of competent jurisdiction; ...\n(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\n(c) on the expiry of his sentence, less any remission provided for in these Rules.\n(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.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Art. 5 in force at 31.10.2009, see art. 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2009/1096/article/5",
    "retrieved_at": "2026-10-29T03:12:42.593997+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}