Defence Act, 1957 (Act No. 44 of 1957)SchedulesFirst Schedule121. How sentences of imprisonment and detention imposed outside the Republic to be served |
| (1) | The General Officer Commanding, South African Defence Force, may authorize any officer in command of troops on service beyond the borders of the Republic to establish such detention barracks as may be deemed necessary by such officer, to which offenders sentenced to detention under this Code may be committed to serve such sentences. |
| (2) | Any offender sentenced beyond the borders of the Republic to imprisonment under this Code, shall be removed from the Republic to serve such sentence: Provided that if owing to distance, lack of means of conveyance or other circumstances such removal is not reasonably practicable, the offender may serve his sentence or any portion thereof in detention barracks established under subsection (1). |
| (3) | The Minister may direct that offenders sentenced beyond the borders of the Republic to imprisonment or detention under this Code, may serve any such sentence or portion thereof in any prison, detention barracks or like place of confinement established or controlled or supervised by any country or by the commander of any force serving in co-operation with the South African Defence Force. |
| (4) | Any person beyond the borders of the Republic who is charged or to be charged with an offence under this Code, which offence would normally be tried by a Court of a Senior Military Judge, may be committed to and detained in any prison, detention barracks or like place of confinement mentioned in subsection (3), while such offender is awaiting trial or confirmation of sentence: Provided that no officer shall be so committed or detained unless the consent of the convening authority under whose command such officer is serving has been obtained. |
[Subsection (4) amended by section 43(b) of Act No. 16 of 1999]
| (5) | The regulations applicable to detention barracks in the Republic shall apply to detention barracks established under subsection (1): Provided that the officer in general command of the South African Defence Force in the area in which such detention barracks are situated may in writing authorize such amendments or additions to the regulations for such detention barracks as local or service conditions render necessary or advisable: Provided further that such amendments or additions shall not make the conditions more severe for offenders or inmates. |