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Cap. 220 · Malta Armed Forces Act (Cap. 220)

Cap. 220 Art. 125Duration of sentence of imprisonment and detention.

PART IV

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(1) Where a man of the force has been sentenced to imprisonment or detention by a court-martial, and the sentence is suspended in pursuance of the next following article after he has been committed to prison or other establishment, the currency of the sentence shall be suspended from the beginning of the day after the day on which he is released in accordance with the provisions of the next following article until the beginning of the day on which the suspension is determined.

(2) Where any person serving a military sentence of imprisonment or detention becomes unlawfully at large during the currency of the sentence, then, in calculating the period for which he is liable to be imprisoned or detained in pursuance of the sentence, no account shall be taken of time elapsing during the period beginning with the day on which he became at large and ending with the day on which, as a person having become unlawfully at large, he is taken into military custody or the custody of a civil authority or (not having been taken into such custody) returns to the place in which he was imprisoned or detained before he became unlawfully at large: Provided that any time, during the last mentioned period, during which he proves to have been in the custody of a civil authority or of such other authority as respects which arrangements have been made under article 129, shall not be disregarded in calculating the period for which he is liable to be imprisoned or detained in pursuance of the military sentence.

(3) Without prejudice to sub-article (2), where a person serving a military sentence of imprisonment or detention has lawfully been temporarily released on compassionate grounds, then, in calculating the period for which he is liable to be imprisoned or detained in pursuance of the sentence, no account shall be taken of time elapsing during the period beginning with the day after that on which he is released and ending with the day on which he is required to return to custody.

(4) A person who for any period is released as mentioned in the last foregoing sub-article or who is otherwise lawfully allowed out of any military or other establishment or otherwise out of custody for any period or subject to any condition shall, on failure to return at the expiration of the period or to comply with the condition, be treated for the purposes of sub-article (2) as being unlawfully at large.