SCHEDULES
SCHEDULE 16Detention and training orders: time to count as served
PART 2Detention and training orders made under Armed Forces Act 2006
I116
After section 213 insert—
213APeriod in service custody: effect on term of detention and training order
1
Subsection (2) applies where—
a
the Court Martial or the Service Civilian Court proposes to make an order under section 211 in respect of an offence, and
b
the offender has been kept in service custody in connection with the offence or any other offence the charge for which was founded on the same facts or evidence.
2
In determining the term of the order under section 211, the court must take account of the period for which the offender was kept in service custody.
3
If the court proposes to make two or more orders under section 211 in respect of two or more offences—
a
subsection (2) does not apply, but
b
in determining the total term of those orders, the court must take account of the total period for which the offender has been kept in service custody in connection with—
i
any of those offences, or
ii
any other offence the charge for which was founded on the same facts or evidence.
4
A period of service custody may be taken account of under this section only once.
213BPeriod of custody awaiting extradition: effect on term of detention and training order
1
This section applies where—
a
the Court Martial or the Service Civilian Court proposes to make an order under section 211 in respect of an offence,
b
the offender was tried for the offence, or is to be sentenced—
i
after having been extradited to the United Kingdom, and
ii
without having first been restored or had an opportunity of leaving the United Kingdom, and
c
the offender was kept in custody for any period while awaiting extradition to the United Kingdom.
2
The court must—
a
specify in open court the number of days for which the offender was kept in custody while awaiting extradition, and
b
take account of those days in determining the term of the order.