C1C2Part II Discipline and Trial and Punishment of Military Offences

Annotations:
Modifications etc. (not altering text)
C1

Part II extended by Reserve Forces Act 1980 (c. 9), s. 142

C2

Part II applied (1.6.1996 subject to art. 3 of the commencing S.I.) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 18(9)(a), 20(10)(a); S.I. 1996/1173, art. 2

Execution of sentences of death, imprisonment and detention

127 Country in which sentence of imprisonment or detention to be served.

1

A person who is serving a military sentence of imprisonment or detention in the United Kingdom may (inso far as may be specified by or under Imprisonment and Detention Rules) be removed out of the UnitedKingdom—

a

to any colony in which he was enlisted; or

b

to any place out of the United Kingdom where the corps or any part thereof to which for the time beinghe belongs is serving or is under orders to serve,

but not to any other place.

2

Subject to the following provisions of this section, a person sentenced under this Act, by acourt-martial held out of the United Kingdom, to imprisonment or detention for more than twelve months shallas soon as practicable F2 . . . be removed to the United Kingdom.

3

The last foregoing subsection shall not apply in relation to any person belonging to a class of personsspecified by or under Imprisonment and Detention Rules as persons whose removal to the United Kingdom wouldfor reasons of climate, place of birth or place of enlistment or any other reason not be beneficial.

4

Where a person has been sentenced under this Act, by a court-martial held out of the United Kingdom,to imprisonment or detention for more than twelve months, the F3. . . reviewing authority maynotwithstanding anything in subsection (2) of this section direct that he shall not be required to beremoved to the United Kingdom until he has served such part of his sentence, not exceeding (in the case ofa sentence of more than two years’ imprisonment) two years, as may be specified in the direction; and indetermining whether or not to exercise the powers conferred by this subsection a F3. . .reviewing authority shall have regard to any recommendation in that behalf made by the court-martial.

F45

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6

Any direction given under this section, and the revocation of any such direction, shall be promulgated.

7

In ascertaining at any time for the purposes of this section the nature or length of a sentence regardshall be had to any commutation or remission of the sentence previously directed.