F1(1)It shall be lawful for the Secretary of State . . . F2 in any case in which a protected prisoner of war or a protected internee is convicted of an offence and sentenced to a term of imprisonment, to direct that there shall be deducted from that term a period not exceeding the period, if any, during which that person was in custody in connection with that offence, either on remand or after[F1 committal][F1having been sent ] for trial (including the period of the trial), before the sentence began, or is deemed to have begun, to run.
F3(2)It shall be lawful for the Secretary of State . . . F2 in a case where he is satisfied that a protected prisoner of war accused of an offence has been in custody in connection with that offence, either on remand or after [F3committal][F3having been sent] for trial (including the period of the trial), for an aggregate period of not less than three months, to direct that the prisoner shall be transferred from that custody to the custody of an officer of Her Majesty’s forces and thereafter remain in military custody at a camp or place in which protected prisoners of war are detained, and be brought before the court at the time appointed by the remand or committal order.
Textual Amendments
F1Words in s. 5(1) substituted (E.W.) (9.5.2005 for specified purposes, 18.6.2012 for further purposes, 5.11.2012 for further specified purposes and 28.5.2013 for all remaining purposes) by, Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 39(a); S.I. 2005/1267, art. 2(1)(2)(a), Sch. Pt. 1; S.I. 2012/1320, art. 4(1)(a)(c)(iii)-(v) (with art. 5); S.I. 2012/2574, art. 2(c) (with arts. 3, 4); S.I. 2013/1103, art. 2(1)(a)(c)(2)-(4) (with arts. 3, 4)
F2Words repealed by S.I. 1973/2163, Sch. 6
F3Words in s. 5(2) substituted (E.W.) (9.5.2005 for specified purposes, 18.6.2012 for further purposes, 5.11.2012 for further specified purposes and 28.5.2013 for all remaining purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 39(b); S.I. 2005/1267, art. 2(1)(2)(a), Sch. Pt. 1; S.I. 2012/1320, art. 4(1)(a)(c)(iii)-(v) (with art. 5); S.I. 2012/2574, art. 2(c) (with arts. 3, 4); S.I. 2013/1103, art. 2(1)(a)(c)(2)-(4) (with arts. 3, 4)