Defence Act, 1954

Execution of sentence of penal servitude.

228.—(1) Where a sentence of penal servitude is passed by a court-martial and confirmed, the military convict shall, as soon as practicable, be committed to a penal servitude prison to undergo his sentence according to law.

(2) Until transferred to a penal servitude prison a military convict shall remain in service custody.

(3) An order of a competent authority shall be a sufficient warrant for the committal of a military convict to a penal servitude prison.

(4) An order of a competent authority shall be a sufficient authority for the transfer of a military convict from service custody to civil custody and from civil custody to service custody, and his removal from place to place, and for his detention in civil custody and generally for dealing with such convict in such manner as may be thought expedient until he is transferred to a penal servitude prison.

(5) A military convict at any time either before or after his arrival at a penal servitude prison may, if his sentence is remitted, be released by order of a competent authority.

(6) A military convict may, during his conveyance from place to place, be subjected to such restraint as is necessary for his safe conduct and removal.

(7) After a military convict has arrived at a penal servitude prison to undergo his sentence he shall be dealt with in the same manner as an ordinary civil prisoner under sentence of penal servitude and all enactments relating to a person sentenced to penal servitude by a competent civil court shall, so far as circumstances permit, apply accordingly.

(8) For the purposes of this section, each of the following shall be a competent authority, namely, the Minister and every prescribed officer, and different officers may be so prescribed for different such purposes.