Defence Act, 1954

Suspension of sentences of penal servitude, imprisonment or detention passed on men.

223.—(1) Where a man is sentenced to penal servitude, imprisonment or detention, the confirming authority to whom the sentence is submitted for confirmation may, when confirming the sentence, direct that the man be not committed to prison or a detention barrack until the orders of a superior authority have been obtained.

(2) A superior authority may in the case of a man sentenced to penal servitude, imprisonment or detention—

(a) direct that an order for committal to prison or a detention barrack shall not be issued until his orders have been obtained,

(b) suspend the sentence passed on the man, whether or not he has already been committed to prison or a detention barrack.

(3) Where a sentence of penal servitude, imprisonment or detention is suspended under this section before the man upon whom it was passed has been committed to prison or a detention barrack, he shall be released, and, notwithstanding anything in this Act, the sentence shall not begin to run until he is ordered to be committed to prison or a detention barrack under that sentence.

(4) Where a sentence of penal servitude, imprisonment or detention is suspended under this section after the man upon whom it was passed has been committed to prison or a detention barrack, he shall be released and the currency of his sentence shall be suspended from the day on which he is released until he is again ordered to be committed to prison or a detention barrack under the same sentence.

(5) Where a sentence has been suspended under this section, the case may at any time and shall, at intervals of not more than three months, be considered by a superior authority, and if on any such reconsideration it appears to the superior authority that the conduct of the man since his conviction has been such as to justify a remission of the sentence he shall remit it.

(6) A superior authority may, at any time while a sentence on a man has been suspended under this section, order that the man be committed to prison or a detention barrack and from the date of such order the sentence shall cease to be suspended.

(7) Where a man, while a sentence on him is suspended under this section, is sentenced to penal servitude, imprisonment or detention for any other offence, then, if that sentence is also suspended under this section, the superior authority ordering the suspension may direct that the two sentences shall run either concurrently or consecutively, so however that the aggregate term of imprisonment or detention shall not exceed two consecutive years, and where the sentence for such other offence is a sentence of penal servitude, then, whether or not that sentence is suspended, any previous sentence of imprisonment or detention which has been suspended shall be avoided.

(8) The powers conferred by this section shall be in addition to and not in derogation of any powers conferred by section 221.

(9) Each of the following shall be a superior authority for the purposes of this section—

(a) the Minister,

(b) the Adjutant-General,

(c) any general or flag officer appointed by the Minister for the purpose.