SCHEDULE 2TRANSITIONAL AND TRANSITORY PROVISIONS

PART 4SENTENCING

Activation of suspended sentence of imprisonment13

1

In these Rules, “activation order” includes an order made by the court determining the suspension of an SDA suspended sentence of imprisonment and committing the offender to imprisonment.

2

In this paragraph, “SDA suspended sentence of imprisonment” means a sentence of imprisonment—

a

passed by—

i

a court-martial,

ii

a Standing Civilian Court,

iii

the Courts-Martial Appeal Court on an appeal brought from a court-martial, or

iv

the House of Lords on an appeal brought from a decision of the Courts-Martial Appeal Court, and

b

suspended under section 120 of AA 1955 or AFA 1955, section 90 of NDA 1957, or paragraph 20(4) of Schedule 3 to the Armed Forces Act 197620.