Section 135 — ARMED FORCES ACT 1972

(2)

Without prejudice to subsection 125(5), in confirming such a sentence the confirming officer may direct that the sentence shall be suspended.

(3)

Any such sentence which is not for the time being suspended may, on the review or reconsideration of the sentence, be suspended by direction of the authority reviewing or reconsidering the sentence.

(4)

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

(5)

Where, while any such sentence is suspended, the person is sentenced by court-martial to imprisonment or detention for a fresh offence, then (unless the balance of the earlier sentence is remitted by virtue of subsection 90(9))—

(a)

the court-martial 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 consecutively or concurrently;

(b)

if the court does not exercise the powers conferred by the 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 exercise the said powers, the reviewing authority may exercise those powers on the review of the later sentence;

124 Laws of Malaysia ACT 77

(d)

where the said powers are exercised (whether by the court-martial, the confirming officer or the 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 subsection has effect subject to subsection 90(9).

(6)

Without prejudice to the further suspension of the earlier sentence, an order under the last foregoing subsection 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.

(7)

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

(8)

The maximum intervals for the reconsideration, under subsection 129(2), of a sentence of imprisonment or detention which is suspended, shall be three months, and not those specified under the said subsection.

Execution of Sentences of Death, Imprisonment and Detention

Execution of sentences of death