(1) An offender awaiting transfer to prison or detention quarters or a person awaiting trial, by court martial or otherwise, for a serious offence, shall not be sent to hospital without the sanction of the senior officer present and where such offender or person is sent to the hospital, the Commanding Officer or the Medical Officer-in-Charge of the hospital shall be informed that the person is to be considered as under arrest and shall also be informed into which of the following categories he falls: -
(a) Offender sentenced on………to…………….(period) imprisonment or detention by court-martial;
(b)
(i) Accused person-awaiting trial by court-martial or a criminal court.
(ii) Recovered deserter whose case has not yet been dealt with.
(iii) Accused person whose case has been investigated and charge proved, but punishment not awarded.
(c) Offender sentenced summarily on……….to………….(period) imprisonment or detention or confinement in the cell
(d) Accused person awaiting summary trial.
Details of the nature of the offences, the punishment awarded and the number and date of the punishment warrant shall also be sent, if appropriate.
(2) An officer of sailor being an offender awaiting transfer to prison or a person awaiting trial, by court martial or otherwise, for a serious offence, shall not be brought forward for medical survey with a view to invaliding without the special directions of the Chief of the Naval Staff and when a survey is held under such directions, the result shall be reported by the surveying officer specially to the Chief of the Naval Staff who shall, subject to the provisions of sub-regulations (3) to (6) decide as to the disposal of the person concerned.
(3) The Chief of the Naval Staff shall not, in consequence of the report of the surveying officer, authorise any step which will result in a accused person escaping trial unless the surveying officer certifies that his mental condition at the date of the alleged offence was such that he was not responsible for his actions, or that his physical or mental condition is such that even the fact of being tried, apart from any sentence that might be awarded, would be likely to impair his health permanently and if the surveying office certifies that a person awaiting trial for desertion was not responsible for his actions at the time of alleged desertion, the Chief of the Naval Staff shall obtain the directions of the Government whether the notation of desertion is to be removed.
(4) The Chief of the Naval Staff shall not, in consequence of the report of the surveying officer, authorise any step which will result in a person under sentence of imprisonment or detention escaping the residue of the sentence, unless the surveying officer certifies that the offender is medically unfit to undergo even a modified prison or detention routine, as the case may be and if such a medical certificate is furnished, the offender may, provided that he is not to be dismissed or discharged for misconduct, be invalided from the serviced, but care shall be taken that the sentence is duly entered in his service Certificate and elsewhere as necessary.
(5) The medical certificate furnished under sub-regulation (4) shall be forwarded to the Government in order that the residue of the sentence may formally be remitted.
(6) If the surveying officer certifies that the offender’s mental condition on the date of his offence must have been such that he was not then responsible for his action, the Chief of the Naval Staff shall immediately obtain the directions of the Government whether the sentence is to stand or be annulled.
SECTION II – SUSPENSION OF SENTENCES