C3C4Part II Discipline and Trial and Punishment of Military Offences
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
122 Imprisonment and Detention Rules. C1
1
Subject to the provisions of this Act, the Secretary of State may make rules (in F2 . . . 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 military or not) in whichpersons may be required to serve the whole or any part of military sentences of imprisonment and detentionpassed on them;
b
the committal of persons under military sentences of imprisonment or detention to the appropriateestablishment or form of custody, their removal from one country or place to another and from oneestablishment or form of custody to another and their release on the coming to an end of any term ofimprisonment or detention;
c
the provision, classification, regulation and management of military establishments;
d
the classification, treatment, employment, discipline and control of persons serving military sentencesof imprisonment or detention in military establishments or otherwise in military custody;
e
the temporary release on compassionate grounds of persons serving such sentences in such establishmentsor custody as aforesaid, the cases in which, periods for which and conditions subject to which they may beallowed out of any such establishment or custody and the remission of part of any such sentence F3. . .;
f
the appointment, powers and duties of inspectors, visitors and governors, and of officers and othermembers of the staff, of military establishments.
2
Imprisonment and Detention Rules shall not authorise the infliction of corporal punishment.
C23
Imprisonment and Detention Rules may apply with the necessary modifications all or any of the provisionsof sections thirty-nine to forty-two of the M1Prison Act 1952 (which relate to offencesby persons other than prisoners).
4
Imprisonment and Detention Rules may, to such extent as may be provided by the Rules, be made so as toapply to persons detained in military establishments while serving sentences of imprisonment or detentionawarded under F4the M2Naval Discipline Act 1957 or the M3Air Force Act, 1955, notwithstanding that such persons are not for the timebeing subject to military law.
5
The Secretary of State may as respects any area in which persons subject to military law are on activeservice delegate his power to make Imprisonment and Detention Rules to the officer commanding the commandwithin which those persons are serving, subject to such restrictions, reservations, exceptions andconditions as the Secretary of State may think fit.
Part II extended by Reserve Forces Act 1980 (c. 9), s. 142