Part 9Provisions relating to the carrying out of punishments
Imprisonment and detention
175Establishment and regulation of service prisons and detention quarters
The Chief of Defence Force may from time to time—
- set apart any building or part of a building as a service prison or as a detention quarter; or
- declare any place or ship, or any part of any such place or ship, to be a service prison or detention quarter.
Without limiting the powers of the Chief of Defence Force to issue orders under section 206, orders may be issued under that section for all or any of the following purposes:
- for the carrying into effect of sentences of the Court Martial:
- for the provision, classification, regulation, and management of service prisons and detention quarters:
- for the appointment, removal from office, and powers and duties of inspectors, visitors, superintendents, and commandants, and of officers and other members of the staff of service penal establishments:
- for the classification, treatment, employment, discipline, and control of any offenders serving sentences of imprisonment or detention in service penal establishments or otherwise in custody in service penal establishments and for the remission of part of any such sentence for good work and conduct:
- for any offender sentenced to undergo detention as field punishment, whether in his unit or at a field punishment centre—as may be prescribed in the orders, in addition to suffering such forfeiture of pay as may be provided for in regulations made under this Act:
- to perform such drills or duties (in addition to those which the offender might reasonably be expected to perform if he were not undergoing field punishment); and
- to suffer the loss of such privileges; and
- to be confined in such manner; and
- to be subjected to such personal restraint to prevent his escape—
- to perform such drills or duties (in addition to those which the offender might reasonably be expected to perform if he were not undergoing field punishment); and
- for the procedure for the reception and confinement in a service penal establishment of any offender sentenced to imprisonment or detention under this Act:
- for the procedure for the removal of an offender from one country or place to another and from one prison or service penal establishment or form of custody to another:
- for the release of an offender, or for the temporary or conditional release of an offender:
- for the removal of a person serving a sentence of imprisonment or detention from the place where he is imprisoned or detained to a psychiatric hospital if he becomes mentally disordered while serving the sentence:
- for the retaking into custody of any such offender after temporary release or removal to a psychiatric hospital or on his breaking the conditions of his release:
- for such matters as are contemplated by or necessary for the administration of any service penal establishment.
All the provisions of the regulations made under the Corrections Act 2004 as to the duties of prison managers and medical officers, and all the provisions of that Act and of the Coroners Act 2006 and of any regulations made under those Acts as to the duties of coroners with respect to inquests in prisons, shall be contained in orders made under this section, so far as they can be made applicable.
Notes
- Section 175(1): amended, on , by section 105(1) of the Defence Act 1990 (1990 No 28).
- Section 175(2): amended, on , by section 105(1) of the Defence Act 1990 (1990 No 28).
- Section 175(2)(a): amended, on , by section 50 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
- Section 175(2)(g): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).
- Section 175(3): amended, on , by section 146 of the Coroners Act 2006 (2006 No 38).
- Section 175(3): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).


