Section 136 of The Border Security Force Act, 1968
Where an offender, while a sentence on him is suspended under this Act, is sentenced for any other offence, then—
- (a)if the further sentence is also suspended under this Act, the two sentences shall run concurrently;
- (b)if the further sentence is for a period of three months or more and is not suspended under this Act, the offender shall also be committed to prison or Force custody for the unexpired portion of the previous sentence, but both sentences shall run concurrently; and
- (c)if the further sentence is for a period of less than three months and is not suspended under this Act, the offender shall be so committed on that sentence only, and the previous sentence shall, subject to any order which may be passed under section 134 or section 135 continue to be suspended.
Summary
- This section explains what happens if someone commits a new crime while their previous sentence is suspended.
- If both the old and new sentences are suspended, they are served at the same time, known as running concurrently.
- If the new sentence is three months or longer and not suspended, the person goes to prison for both the new and old sentences at the same time.
- If the new sentence is less than three months and not suspended, the person only serves the new sentence while the old one stays suspended.
- The previous sentence remains subject to any other review or remission orders while it is suspended.
Practical examples
FAQ
1. What happens if a person under a suspended sentence receives a new suspended sentence under the Border Security Force Act 1968?
According to Section 136 of the Border Security Force Act 1968, if the further sentence is also suspended, the two sentences shall run concurrently, meaning at the same time.
2. If a new sentence is for five months and not suspended, what is the effect on a previous suspended sentence under Section 136 of the Border Security Force Act 1968?
Under Section 136 of the Border Security Force Act 1968, since the new sentence is three months or more, the person is committed to prison for both the new sentence and the unexpired portion of the old suspended sentence, and they run at the same time.
3. Does a small non-suspended sentence of one month automatically end the suspension of an older sentence under the Border Security Force Act 1968?
No, under Section 136 of the Border Security Force Act 1968, if the new sentence is less than three months and not suspended, the person only serves that new sentence while the previous sentence continues to be suspended.
Test yourself
Q1.Under Section 136 of the Border Security Force Act 1968, what is the threshold for a new, non-suspended sentence to trigger the serving of a previous suspended sentence?
Q2.According to Section 136 of the Border Security Force Act 1968, if two sentences are both suspended, how are they served?
Q3.If a member of the Force receives a non-suspended sentence of 60 days while another sentence is suspended, what happens to the suspended sentence according to Section 136 of the Border Security Force Act 1968?
Q4.Under the Border Security Force Act 1968, if a previous sentence is still suspended while a new short sentence is being served per Section 136, can that old sentence still be remitted?