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DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 68A

Scale of custodial punishments

  (1)   The only punishments that may be imposed by a service tribunal on a person convicted of a custodial offence are, in decreasing order of severity, as follows:

  (a)   segregated confinement for a period not exceeding 10 days;

  (b)   confinement to cell for a period not exceeding 10 days;

  (c)   extra drill for a period not exceeding 6 days;

  (d)   restriction of custodial privileges for a period not exceeding 14 days.

  (2)   The Chief of the Defence Force or a service chief may, by legislative instrument, make rules with respect to the consequences, in relation to a detainee, that are to flow from the imposition by a service tribunal on that detainee of any custodial punishment.

  (3)   The officer in charge of a detention centre in which a detainee subject to a custodial punishment is undergoing a punishment of detention may moderate the consequences of the custodial punishment in relation to the detainee in such manner as the officer thinks appropriate having regard to the particular circumstances of the case and to any directions, in writing, of the Chief of the Defence Force or a service chief.

Note:   Courts martial and Defence Force magistrates do not have jurisdiction to try custodial offences: see sections   115 and 129.



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