122 Imprisonment and detention rules. F4U.K.
(1)Subject to the provisions of this Act, the Secretary of State may make rules (in F1 . . . this Act referred to as Imprisonment and Detention Rules) with respect to all or any of the following matters, that is to say—
(a)the places in which and the establishments or forms of custody (whether air-force or not) in which persons may be required to serve the whole or any part of air-force sentences of imprisonment and detention passed on them;
(b)the committal of persons under air-force sentences of imprisonment or detention to the appropriate establishment or form of custody, their removal from one country or place to another and from one establishment or form of custody to another and their release on the coming to an end of any term of imprisonment or detention;
(c)the provision, classification, regulation and management of air-force establishments;
(d)the classification, treatment, employment, discipline and control of persons serving air-force sentences of imprisonment or detention in air-force establishments or otherwise in air-force custody;
(e)the temporary release on compassionate grounds of persons serving such sentences in such establishments or custody as aforesaid, the cases in which, periods for which and conditions subject to which they may be allowed out of any such establishment or custody and the remission of part of any such sentence F2. . .;
(f)the appointment, powers and duties of inspectors, visitors and governors, and of officers and other members of the staff, of air-force establishments.
(2)Imprisonment and Detention Rules shall not authorise the infliction of corporal punishment.
(3)Imprisonment and Detention Rules may apply with the necessary modifications all or any of the provisions of sections thirty-nine to forty-two of the M1Prison Act 1952 (which relate to offences by persons other than prisoners).
(4)Imprisonment and Detention Rules may, to such extent as may be provided by the Rules, be made so as to apply to persons detained in air-force establishments while serving sentences of imprisonment or detention awarded under [F3the M2Naval Discipline Act 1957] or the M3Army Act 1955, notwithstanding that such persons are not for the time being subject to air-force law.
(5)The Secretary of State may as respects any area in which persons subject to air-force law are on active service delegate his power to make Imprisonment and Detention Rules to the officer commanding the command within which those persons are serving, subject to such restrictions, reservations, exceptions and conditions as the Secretary of State may think fit.
Textual Amendments
F1Words in s. 122(1) repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(2), Sch. 3; S.I. 1991/2719, art. 2, Sch.
F2Words in s. 122(1)(e) repealed (1.10.1996) by 1996 c. 46, s. 35(1)(2), Sch. 6 para. 5, Sch. 7 Pt. III; S.I. 1996/2474, art. 2, Sch.
F3Words substituted by virtue of Naval Discipline Act 1957 (c. 53), s. 137(2)
Modifications etc. (not altering text)
C1S. 122 amended by Courts-Martial (Appeals) Act 1968 (c. 20), s. 52
C2S. 122(3) amended (E.W.) by Criminal Justice Act 1961 (c. 39), s. 22(3)
Marginal Citations
Textual Amendments applied to the whole legislation
F4Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2