Commentary First Group of Parts – Discipline Part 8 – Sentencing Powers and Mandatory Etc Sentences Section 191: Activation by Court Martial of suspended sentence of service detention
396.Subsection (1) enables the Court Martial to activate a suspended sentence of service detention, including one passed at a summary hearing, if it convicts the offender of another offence committed during the operational period.
397.Subsection (2) further enables the Court Martial to activate a suspended sentence of service detention passed by, or on appeal from, that court if the offender commits another service offence or a civilian offence during the operational period and is convicted of that offence. In this case the Court Martial may issue a summons requiring him to appear before it, or a warrant for his arrest.
398.Where the Court Martial activates a suspended sentence, under subsection (3) it can order that the offender must serve the entire period of the original sentence or some shorter term. Under subsection (4) it can also make the sentence consecutive to another sentence of service detention passed on the same or a previous occasion, provided that this does not take the total period of the sentences above two years (see section 244).
399.Where the Court Martial activates a suspended sentence on the basis of a conviction by a CO or the SAC, and the punishment awarded by the CO or the SAC was a service supervision and punishment order or a minor punishment, under subsection (5) any outstanding part of that punishment is cancelled.