Cap. 220 ст. 126Suspension of sentences.

(1) Without prejudice to the provisions of sub-article (5)

of article 111, in confirming a sentence of imprisonment or detention passed by a court-martial on a man of the force, the confirming officer may order that the sentence shall be suspended; and any such sentence which is not for the time being suspended may, on the review or reconsideration of the sentence, be suspended by order of the authority reviewing or reconsidering the sentence.

(2) The suspension of any such sentence may (without prejudice to its being again suspended) be determined on the review or reconsideration of the sentence by an order of the said authority committing the person sentenced to imprisonment or detention, as the case may be.

(3) Where while any such sentence is suspended, the person sentenced is sentenced by a court-martial to imprisonment or detention from a fresh offence then (unless the balance of the earlier sentence is remitted by virtue of article 77(11) ) -

(a) the court may determine the suspension of the earlier sentence by an order committing the person sentenced to imprisonment or detention, as the case may be, and if so the court shall direct whether the two sentences are to run concurrently or consecutively;

(b) if the court does not exercise the powers conferred by the last foregoing paragraph, the confirming officer may exercise those powers on the confirmation of the later sentence;

(c) if neither the court nor the confirming officer exercises the said powers, a reviewing authority may exercise those powers on the review of the later sentence;

(d) where the said powers are exercised (whether by the court, the confirming officer or a reviewing authority) any power of suspension or remission exercisable in relation to the later sentence shall be exercisable also in relation to the earlier sentence: Provided that this sub-article has effect subject to the provisions of article 77 (12).

(4) Without prejudice to the further suspension of the earlier sentence, an order under the last foregoing sub-article directing that the suspension of that sentence shall be determined shall not be affected by the later sentence not being confirmed or by its being quashed.

(5) Where the sentence of a person in custody is suspended, he shall thereupon be released.

Execution of sentences of imprisonment and detention