Armed Forces Discipline Act 1971

Provisions relating to the carrying out of punishments - Imprisonment and detention

174: Interim custody of member of Armed Forces serving imprisonment or detention

You could also call this:

"Temporary holding of military members before they go to prison"

Illustration for Armed Forces Discipline Act 1971

You can be kept in service custody or civil custody if you are a service prisoner or detainee. This can happen in New Zealand or elsewhere until you are taken to the prison where you will serve your sentence. You can be moved from service custody to civil custody, or from civil custody to service custody, by order of a competent service authority.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM403833.

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173: Imprisonment and detention of members of Armed Forces attached to other forces, or

"Rules for Armed Forces members sentenced overseas"


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"Rules for Running Military Prisons and Detention Centres"

Part 9Provisions relating to the carrying out of punishments
Imprisonment and detention

174Interim custody of member of Armed Forces serving imprisonment or detention

  1. A service prisoner or a service detainee may, until he is delivered to the prison or service penal establishment in which he is to serve his sentence, be kept (whether in New Zealand or elsewhere) in service custody or in civil custody, or partly in service custody and partly in civil custody, and may, by order of a competent service authority, from time to time be transferred from service custody to civil custody, or from civil custody to service custody, as the occasion requires.

Notes
  • Section 174 heading: amended, on , pursuant to section 105(1) of the Defence Act 1990 (1990 No 28).
  • Section 174: amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).