The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009

PART 14SENTENCING PRINCIPLES AND PROCEDURES

Sentencing principles and procedures: references to “service offence”, “service custody”, etc

102.  In Part 9 of AFA 2006 (sentencing: principles and procedures)—

(a)any reference to a service offence (except the reference in section 237(1)(c)) includes an SDA offence;

(b)any reference to service custody is to be read, in relation to any time before commencement, as a reference to military custody, air-force custody or naval custody;

(c)any reference to a person’s being “charged” with an offence includes a person’s being informed in accordance with regulations of the Defence Council that a charge is to be reported to the person’s commanding officer under section 76(1) of AA 1955 or AFA 1955 or section 52B(1) of NDA 1957.

Increase in sentence for racial or religious aggravation

103.  In section 240(3) of AFA 2006 (offences to which section 240 does not apply)—

(a)the reference to an offence under section 42 of that Act includes an SDA civil offence;

(b)the reference to the corresponding offence under the law of England and Wales includes the corresponding civil offence.

Limit on combined term of service detention

104.—(1) Section 244 of AFA 2006 (limit on combined term of sentences of service detention) is modified as follows.

(2) For the purposes of the references in subsections (1) and (3) to “sentences of service detention”, an SDA sentence of service detention is to be treated as a sentence of service detention.

(3) In subsection (4) the reference to a sentence of service detention includes an SDA sentence of service detention.

Limit on combined term: supplementary

105.—(1) Paragraphs (2) and (3) below apply, in addition to section 245 of AFA 2006, for the purposes of section 244 of that Act as modified by article 104.

(2) A person is to be regarded as not subject to an SDA sentence of service detention if the sentence is for the time being suspended, within the meaning given by article 93.

(3) Subject to paragraph (2), a person is to be regarded as subject to any SDA sentence of service detention that has been passed on him but—

(a)has not taken effect; or

(b)has ceased to have effect as a result of a relevant provision and has not resumed effect.

(4) In paragraph (3) “a relevant provision” means—

(a)section 118ZA(3) or (4) of AA 1955 or AFA 1955;

(b)section 85A(4) or (5) of NDA 1957; or

(c)section 290(5) or (6) or 291(6) or (7) of AFA 2006.

(5) Section 245 of AFA 2006 (provision supplementary to section 244) is modified as follows.

(6) For the purposes of the reference in subsection (5) to two or more sentences of service detention, an SDA sentence of service detention is to be treated as a sentence of service detention.

(7) The reference in subsection (6) to section 290(3), (5) or (6) or 291(5), (6) or (7) includes a reference to section 118ZA(3) or (4) of AA 1955 or AFA 1955 or section 85A(4) or (5) of NDA 1957.

Crediting of time in service custody

106.—(1) In section 246 of AFA 2006 (crediting of time in service custody), the reference in subsection (3)(a)(i) to a sentence of service detention includes an SDA sentence of service detention.

(2) In section 247 of AFA 2006 (crediting of time in service custody: supplementary), in subsection (3), the reference to a suspended sentence of imprisonment or a suspended sentence of service detention includes a sentence of imprisonment, or an SDA sentence of service detention, which (until an order that it shall take effect is made) is suspended within the meaning given by article 93.

(3) For the purposes of the references in subsection (5) of that section to consecutive terms of service detention and terms of service detention which are wholly or partly concurrent, an SDA sentence of service detention is to be treated as a term of service detention.