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DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 71

Restrictions on power to impose punishments

  (1)   A service tribunal shall not impose a punishment of imprisonment on a defence member whom it has convicted of a service offence unless the tribunal also imposes on that member in respect of that conviction the punishment of dismissal from the Defence Force.

  (1A)   A service tribunal must not impose on a non - commissioned officer who has been convicted of a service offence a punishment of detention unless the tribunal also imposes the punishment of reduction in rank to a rank below non - commissioned rank.

  (2)   A service tribunal shall not impose a punishment of detention on a defence member who has been convicted of a service offence if the member, at the time of conviction, had not attained the age of 18 years.

  (3)   A service tribunal shall not impose a punishment of detention on a defence member who has been convicted of a service offence if it also imposes the punishment of dismissal from the Defence Force in respect of that conviction or another conviction.

  (4)   A service tribunal shall not impose a custodial punishment on a person who is not a detainee.

  (5)   A custodial punishment imposed on a detainee shall not extend beyond the period during which the detainee is undergoing a punishment of detention in a detention centre.



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