Defence Act 1954

Effective dates of sentences by courts-martial.

206

206. F267 [ (1) Subject to section 212A, every term of imprisonment or detention to which a person is sentenced by a court-martial, whether the person is already undergoing sentence or not, shall, save as otherwise expressly provided in this Act, be reckoned to commence on the day on which the sentence is signed by the military judge presiding at the court-martial or on such earlier date as the military judge may direct. ]

(2) Each of the following sentences—

( a) dismissal with F268 [ disgrace ] from the Defence Forces,

( b) dismissal from the Defence Forces,

F269 [ ( bb ) reduction to a lower commissioned army rank, or to a lower commissioned naval rank, ]

( c) discharge with F268 [ disgrace ] from the Defence Forces,

( d) discharge from the Defence Forces,

( e) reduction to a lower non-commissioned army rank, or to a lower non-commissioned naval rank,

shall take effect on and from a date to be fixed in the manner prescribed.

Annotations:

Amendments:

F267

Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 54, S.I. No. 254 of 2008.

F268

Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 4(2) and sch. 2, S.I. No. 254 of 2008.

F269

Inserted (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 11, commenced on enactment.

Modifications (not altering text):

C53

Application of section restricted (29.06.1983) by Courts-Martial Appeals Act 1983 (19/1983), s. 20(2), commenced on enactment.

Convictions and sentences of the Court, etc.

20.— ...

(2) Notwithstanding section 206 of the Act of 1954, the Court may by order provide for the date on which a sentence substituted by it, or passed by a court-martial and not varied by the Court, shall commence or take effect.

Editorial Notes:

E64

Previous affecting provision: subs. (1) amended (22.07.1997) by Criminal Law Act 1997 (14/1997), s. 14 and sch. 2, para. 4, commenced as per s. 1; substituted as per F-note above.