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

Remission of certain sentences on passing of custodial sentence etcU.K.

This section has no associated Explanatory Memorandum

152.—(1) In section 302(1) of AFA 2006 (remission of certain sentences on passing of custodial sentence etc)—

(a)the reference to a “relevant sentence” includes—

(i)an SDA sentence of service detention; and

(ii)an SDA minor punishment; and

(b)the reference in paragraph (a) to a service offence includes an SDA offence.

(2) Where part of an SDA minor punishment was unserved immediately before commencement, that part is remitted on commencement if, between the award of that punishment and commencement, there has been passed on the offender (and not quashed)—

(a)an SDA custodial sentence; or

(b)a sentence of imprisonment, or a sentence that corresponds to a custodial sentence within the meaning of AFA 2006, passed by a civilian court in the British Islands.

(3) In this article “an SDA minor punishment” means a minor punishment under section 71(1)(l) or 76C(2)(e) of AA 1955 or AFA 1955 or section 43(1)(m) of NDA 1957.