Section 159: Suspension of sentence and right of accused to release from custody

(1) The following provisions of this section shall have effect with respect to the suspension of a sentence of imprisonment passed under or pursuant of this Act.
(2) Without prejudice to subsection (5) of section 151 of this Act, a confirming authority may, in confirming a sentence, order that the sentence shall be suspended.
(3) A 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.
(4) The suspension of a sentence may (without prejudice to the sentence again being suspended) be determined on the review or reconsideration of the sentence by an order of the authority committing the person sentenced to imprisonment, as the case may be.
(5) Where, while a sentence is suspended, the person sentenced is again sentenced by a court-martial to imprisonment for a fresh offence then-
(a) the court-martial may determine the suspension of the earlier sentence by an order committing the person sentenced to imprisonment, as the case may be, and if so, the court-martial shall direct whether the two sentences are to run concurrently or consecutively;
(b) if the court does not exercise the power conferred by paragraph (a) of this subsection, the confirming authority may exercise the power on the confirmation of the latter sentence;
(c) if neither the court nor the confirming authority exercises that power, a reviewing authority may exercise the power on the review of the latter sentence;
(d) where the power is exercised (whether by the court, the confirming authority or a reviewing authority), a power of suspension or remission exercisable in relation to the latter sentence shall be exercisable also in relation to the earlier sentence.
(6) Without prejudice to the further suspension of the earlier sentence, an order under subsection (5) of this section directing that the suspension of that sentence shall be determined shall not be affected by the latter sentence not being confirmed by its being quashed.
(7) Where the sentence of a person in custody is suspended, he shall be released and a sentence which has been suspended shall, unless the suspension has been sooner determined, be remitted by virtue of this subsection at the expiry of one year from the date on which the suspension took effect.