Modifications etc. (not altering text)
C1Part II extended by Reserve Forces Act 1980 (c. 9), s. 142
C2Part 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
(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 F1 . . . 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 F2. . . 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 F2. . .reviewing authority shall have regard to any recommendation in that behalf made by the court-martial.
F3(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
Textual Amendments
F1Words in s. 127(2) repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(1)(2), Sch. 2 para. 1, Sch. 3; S.I. 1991/2719, art. 2, Sch.
F2Words in s. 127(4) repealed (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 35(2), Sch. 7 Pt. II; S.I. 1997/304, arts. 2, 3 (with transitional provisions in Sch. 2)
F3S. 127(5) repealed (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 35(2), Sch. 7 Pt. II; S.I. 1997/304, arts. 2, 3 (with transitional provisions in Sch. 2)
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