Defence Forces (Temporary Provisions) Act, 1923

Execution of sentence of imprisonment or detention.

118.—(1) Where a person has been sentenced by Court-Martial to imprisonment, and the sentence has been duly confirmed, the person so sentenced (hereinafter in this Section styled a military prisoner) shall undergo his term of imprisonment, either in military custody or in a detention barrack or in a public prison, or partly in one way and partly in another.

(2) Where a person has been sentenced by Court-Martial to a term of detention and the sentence has been duly confirmed, or where a person has been sentenced to a term of detention by a Commanding Officer or other officer in exercise of summary powers conferred by this Act, every such person (hereinafter in this Section styled a soldier undergoing detention) shall undergo the term of his detention either in military custody or in a barrack detention room, or a detention barrack, or partly in one way and partly in another, but not in a public prison.

(3) The order of the committing authority hereinafter in this Section mentioned, shall be sufficient warrant for the transfer of a military prisoner to a public prison or a detention barrack, or the transfer of a soldier undergoing detention to a detention barrack.

(4) A military prisoner while in a public prison shall be confined, kept to hard labour, and otherwise dealt with in all respects as if he were an ordinary prisoner undergoing a like sentence.

(5) The discharging authority hereinafter in this Section mentioned may, at any time during the term of his imprisonment or detention, discharge a military prisoner or a soldier undergoing detention.

(6) The committing authority may at any time during the term of imprisonment of a military prisoner or the term of detention of a soldier undergoing detention by order provide for:—

(a) His removal from one public prison to another;

(b) His removal from one detention barrack to another;

(c) His being brought before a Court-Martial or a Civil

Court for trial or as a witness;

and an order of such authority shall be sufficient warrant for delivering him into military custody, and detaining him in custody till he can be returned.

(7) The committing authority shall be any one or more of the following:—

(a) The Minister.

(b) The Adjutant-General.

(c) The Commanding Officer of the military prisoner or the soldier undergoing detention.

(d) Any officer duly authorised.

(8) The discharging authority shall be any one of the following:—

(a) The Minister.

(b) The Adjutant-General.

(c) Any other officer duly authorised.

(d) Where the sentence was passed by the Commanding Officer of the soldier undergoing detention, such Commanding Officer.

Inquiry as to and confession of Desertion.