Defence Act 1954

Restriction on sentence of imprisonment and detention on person already undergoing imprisonment or detention.

212

212.Where—

( a) a person is convicted by a court-martial of an offence against military law, and

( b) the court-martial proposes to sentence such person to imprisonment or detention, and

( c) such person is at the time of sentence undergoing imprisonment or detention under a former sentence,

any sentence of imprisonment or detention awarded by the court-martial shall F297 [ be served concurrently with the term then unexpired of the former sentence and on completion of either sentence any balance of the other sentence shall be served ].

Annotations:

Amendments:

F297

Substituted (22.07.1997) by Criminal Law Act 1997 (14/1997), s. 14 and sch. 2, para. 13, commenced as per s. 1.

Modifications (not altering text):

C55

Application of section restricted (11.07.1990) by Criminal Justice Act 1990 (16/1990), s. 7 and sch. 1, para. 4(m), commenced on enactment.

FIRST SCHEDULE

CONSEQUENTIAL AMENDMENTS

4. The Defence Act, 1954, shall be amended as follows: ...

( m) section 212 shall not apply to a sentence of imprisonment for life;

...