Execution of sentences
Commencement of sentences
121.—(1)  The term of imprisonment or special detention in a disciplinary barrack or detention to which a person subject to military law is sentenced by a subordinate military court or a term of detention awarded by a disciplinary officer whether the person is already undergoing sentence or not takes effect from the date on which it was passed unless the court or the disciplinary officer passing the sentence otherwise directs.
(2)  A sentence of imprisonment or special detention in a disciplinary barrack or detention passed by a subordinate military court or sentence of detention passed by a disciplinary officer or when there has been an appeal, by the Military Court of Appeal, which is suspended under section 120, must not start to run until the beginning of the date on which the suspension is cancelled.
Sentence of detention or special detention in disciplinary barrack
122.—(1)  A person sentenced to detention under this Act must, unless otherwise provided for in regulations made under this Act, serve the person’s sentence in detention barracks.
(2)  A person must not in any event be required to serve any part of a sentence of detention in a military or civil prison except that in such cases and subject to such conditions as may be specified in any regulations made under this Act a person serving such a sentence may be temporarily detained in a military or civil prison for any period not exceeding 7 days and thereafter must be transferred to detention barracks.
(3)  A person sentenced to special detention in a disciplinary barrack must, unless otherwise provided for in any regulations made under this Act, serve the person’s sentence in a disciplinary barrack.
Civil prisons may receive military prisoners
123.  It is lawful for the Commissioner of Prisons appointed under section 20 of the Prisons Act 1933 or any Superintendent of Prisons, in accordance with any regulations made under this Act, to receive any person —
(a)sentenced by a subordinate military court duly sent to the Commissioner or Superintendent pursuant to such regulations and to confine the person until execution of the sentence is completed or the prisoner is discharged or delivered over in due course of law;
(b)delivered into the Commissioner’s or Superintendent’s custody as a deserter or absentee without leave by any person conveying the person under legal authority on production of a warrant of a magistrate on which such deserter or absentee without leave has been taken or committed; and
(c)in military custody and detain the person for a period not exceeding 7 days.
[1/2014]
Provisions as to persons unlawfully at large
124.—(1)  A person who, having been sentenced by a subordinate military court to imprisonment or detention or to detention by a disciplinary officer, is at large may (without prejudice to any other power of arrest) be arrested by any police officer without warrant and taken to any place in which the person may be required to be detained in accordance with this Act or any regulations made under this Act.
(2)  Where any person sentenced by a subordinate military court to imprisonment or detention or sentenced to detention by a disciplinary officer is at large at any time during the period for which the person is liable to be detained pursuant to the sentence, no account is to be taken, in calculating the period for which the person is liable to be so detained, of any time elapsing after the person was at large and before the person is either taken into custody or received into a military prison, whether pursuant to the same sentence or to a sentence of any other court.
Mode of executing sentence of caning
125.—(1)  This section applies to a sentence of caning awarded in respect of an offence specified in section 118(16) or 119.
(2)  The caning awarded at any one trial must not exceed 24 strokes in the case of a person who is 16 years of age or older or 10 strokes in the case of a person below 16 years of age.
(3)  Caning must be inflicted on such part of the person as the Minister may direct.
(4)  The rattan must not exceed 6.35 millimetres in diameter.
(5)  In no case may caning be inflicted upon any person under this section until a medical certificate has been issued by a medical officer to the effect that the person is in a fit condition of health to undergo the punishment.
(6)  A person on whom caning is to be inflicted must wear such protective clothing as may be prescribed.
Power of President to grant pardon and to mitigate punishment, etc.
126.  The President, as occasion may arise, may, on the advice of the Cabinet —
(a)grant a pardon to any accomplice in any offence who gives information which leads to the conviction of the principal offender or any one of the principal offenders, if more than one;
(b)grant to any offender convicted of any offence in any subordinate military court, a pardon, free or subject to lawful conditions, or any reprieve or respite, either indefinite or for such period as the President may think fit, of the execution of any sentence pronounced on such offender; or
(c)remit the whole or any part of such sentence or of any penalty or forfeiture imposed by law.