Part 9Provisions relating to the carrying out of punishments
Imprisonment and detention
177Commencement of sentences
A term of imprisonment or detention to which an offender is sentenced under this Act begins to run from the beginning of the day on which the sentence was passed, whether the sentence was passed by the Court Martial or by a disciplinary officer.
Subsection (1) is subject to the provisions of this Part.
Where any person has been sentenced to imprisonment or detention under this Act and there is no appropriate prison or service penal establishment in which he may serve the sentence at or near the place where he was sentenced, a competent service authority may direct that the term or period of the sentence shall begin to run from the beginning of the day on which he is delivered to the prison manager or other person in charge of the prison or establishment at which the authority has decided that he shall serve his sentence; and in that event he shall serve his sentence accordingly notwithstanding that he may previously have returned to duty or become entitled to be discharged: provided that any such term of imprisonment or detention shall be reduced by deducting any period for which he has been kept in confinement in respect of the sentence before being delivered as aforesaid.
Where—
- a sentence of imprisonment or detention is passed by the Court Martial on the conviction of any person; and
- that conviction is subsequently quashed and a new trial ordered; and
- following the new trial the person is again convicted and sentenced to imprisonment or detention,—
Notes
- Section 177(1): substituted, on , by section 51(1) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
- Section 177(1A): inserted, on , by section 51(1) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
- Section 177(2): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).
- Section 177(3): added, on , by section 32 of the Armed Forces Discipline Amendment Act 1985 (1985 No 199).
- Section 177(3)(a): amended, on , by section 51(2) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).


