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Armed Forces Discipline Act 1971

Provisions relating to the carrying out of punishments - Imprisonment and detention

178: Consecutive sentences

You could also call this:

"What happens when you get a new sentence while already serving one"

Illustration for Armed Forces Discipline Act 1971

You are serving a term of imprisonment and get another sentence. The Court Martial can decide when the new sentence starts. It can start after you finish the first sentence. If your first sentence is cancelled, the new sentence might start earlier. This can happen if no other sentence replaces the first one. The new sentence will start when the first sentence would have started. If you get a new sentence of detention, it works in a similar way. The Court Martial or a disciplinary officer decides when it starts. They can make it start after you finish your current sentence. If your first detention sentence is cancelled, the new one might start earlier. This can happen if no other sentence replaces the first one. The new sentence will start when the first sentence would have started.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM403853.

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Part 9Provisions relating to the carrying out of punishments
Imprisonment and detention

178Consecutive sentences

  1. Where a person who is already serving a term of imprisonment, whether imposed under this Act or otherwise, is sentenced to a further term of imprisonment by the Court Martial under this Act, the Court may order that the further term shall run from the expiration of the term already being served.

  2. Where, in any case to which subsection (1) applies,—

  3. the earlier sentence is quashed on appeal or is otherwise set aside; and
    1. no other sentence of imprisonment is substituted for that earlier sentence,—
        1. the sentence imposed by the Court Martial shall be deemed to have commenced or shall commence on the date when the term of the earlier sentence commenced or would have commenced.

      1. Where, in any case to which subsection (1) applies,—

      2. the earlier sentence is quashed on appeal or is otherwise set aside; and
        1. another sentence of imprisonment is substituted for that earlier sentence,—
            1. the sentence imposed by the Court Martial shall commence or shall be deemed to have commenced on the date on which the substituted sentence will expire or is deemed to have expired.

          1. Where a person who is already serving a sentence of detention is sentenced to a further term of detention by the Court Martial or a disciplinary officer, the Court or that officer may order that the further term shall run from the expiration of the sentence already being served.

          2. Where, in any case to which subsection (4) applies,—

          3. the earlier sentence is quashed on appeal or is otherwise set aside; and
            1. no other sentence of detention is substituted for that earlier sentence,—
                1. the sentence imposed by the Court Martial or the disciplinary officer shall be deemed to have commenced or shall commence on the date when the term of the earlier sentence commenced or would have commenced.

              1. Where, in any case to which subsection (4) applies,—

              2. the earlier sentence is quashed on appeal or is otherwise set aside; and
                1. another sentence of detention is substituted for that earlier sentence,—
                    1. the sentence imposed by the Court Martial or the disciplinary officer shall be deemed to have commenced or shall commence on the date on which the substituted sentence will expire or is deemed to have expired.

                  Notes
                  • Section 178: substituted, on , by section 33 of the Armed Forces Discipline Amendment Act 1985 (1985 No 199).
                  • Section 178(1): amended, on , by section 53(1) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
                  • Section 178(1): amended, on , by section 53(2) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
                  • Section 178(2): amended, on , by section 53(3) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
                  • Section 178(2)(a): amended, on , by section 53(4) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
                  • Section 178(3): amended, on , by section 53(3) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
                  • Section 178(3)(a): amended, on , by section 53(4) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
                  • Section 178(4): amended, on , by section 53(5) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
                  • Section 178(5): amended, on , by section 53(6) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
                  • Section 178(5)(a): amended, on , by section 53(4) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
                  • Section 178(6): amended, on , by section 53(6) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
                  • Section 178(6)(a): amended, on , by section 53(4) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).