Defence Forces (Temporary Provisions) Act, 1923

Execution of sentence of penal servitude.

117.—(1) Where a person subject to Military law is convicted by Court-Martial and sentenced to penal servitude, such conviction and sentence shall, upon due confirmation in accordance with this Act, have the same force and effect as if such person (hereinafter styled a military convict) had been duly convicted of an offence punishable by penal servitude, and sentenced to penal servitude by a competent Civil Court, and all enactments relating to a person so convicted and sentenced by a Civil Court shall, so far as circumstances permit, apply accordingly.

(2) Where a sentence of penal servitude has been duly confirmed, the military convict upon whom such sentence was passed shall, as soon as practicable be transferred to a penal servitude prison to undergo his sentence according to law. Until so transferred, he shall remain in military custody.

(3) The order of the committing authority (hereinafter in this Section mentioned) shall be a sufficient warrant for the transfer of a military convict to a penal servitude prison.

(4) At any time before the arrival of a military convict at a penal servitude prison, the discharging authority (hereinafter in this Section mentioned) may by Order discharge the prisoner.

(5) Any one or more of the following shall be the committing authority for the purposes of this Section:—

(a) The Minister.

(b) The Adjutant-General.

(c) The Commanding Officer of the military convict.

(d) Any other officer duly authorised.

(6) The discharging authority for the purposes of this Section shall be one of the following:—

(a) The Minister.

(b) The Adjutant-General.

(c) Any other officer duly authorised.