'Reduction of national sentence following pre-trial detention - national proceedings' in document 'Namibia - Geneva Conventions Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Reduction of sentence and custody for protected prisoners of war and internees
7. (1) Notwithstanding anything to the contrary in any other law contained, when a protected prisoner of war or a protected internee is convicted of an offence and sentenced to a term of imprisonment, the court must, in fixing the term of imprisonment in respect of the offence, deduct from the term which it would otherwise have fixed any period during which the convicted person was in custody in connection with that offence, either on remand or after committal for trial (including the period of the trial), before the day on which the sentence imposed on the convicted person takes effect.

(2) The Minister of Justice may, where he or she is satisfied that a protected prisoner of war accused of an offence has been in custody in connection with that offence, either on remand or after committal for trial (including the period of the trial), in a place other than a camp or place in which protected prisoners of war are detained, for an aggregate period of not less than three months, direct that such prisoner must be transferred from that custody to the custody of an officer of the Namibian Defence Force and thereafter remain in military custody at a camp or place in which protected prisoners of war are detained, and be brought before the court at the time appointed by the remand or committal order.