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.