Military prison

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A military prison is a prison operated by a military. Military prisons are used variously to house prisoners of war, unlawful combatants, those whose freedom is deemed a national security risk by the military or national authorities, and members of the military found guilty of military offenses. There are two types: penal and confinement-oriented, where captured enemy combatants are confined for military reasons until hostilities cease.[ citation needed ] Most militaries have some sort of military police unit operating at the divisional level or below to perform many of the same functions as civilian police, from traffic-control to the arrest of violent offenders and the supervision of detainees and prisoners of war.

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Australia

The Australian Defence Force states it has no prisons. [1] Instead they have a single facility, the Defence Force Correctional Establishment, which aims to rehabilitate members who have been sentenced to detention for breaching military regulations or law; employees of the establishment are considered "instructors" rather than guards. [2] Military personnel may be sent there for between 14 days' to two years' rehabilitation before returning to active duty; the average sentence is about 23 days. In addition, there are 15 detention centres located within military bases across Australia. [3]

Canada

The Canadian Forces have one military prison, the Canadian Forces Service Prison and Detention Barracks (CFSPDB) (colloquially known as Club Ed), located at Canadian Forces Base Edmonton. Canadian Forces personnel who are convicted by military courts and receive a sentence of 14 days or more are incarcerated at CFSPDB. Men, although in the same prison, are kept separate from women. The prison is maintained and controlled by the Canadian Forces Military Police, although NCOs from various branches of the Canadian Forces serve at the prison as staff. Service personnel who are convicted of less serious offences are considered to be in "detention", and undergo a strict military routine aimed at rehabilitation for their return to regular military service, whereas personnel convicted of more serious offences are considered to be in "prison" and upon completion of their sentence they are released from the military. Serious offenders with sentences longer than two years are transferred to the Canadian federal prison system after serving 729 days, to complete their sentence in the civilian prison system, followed by release from the Canadian Forces. Any service personnel serving a sentence of 14 days or less are held in local base Military Police Detachment cells at the various Canadian Forces Bases within Canada. [4]

Israel

The Israeli military prison of Neve Tzedek (also known as Prison 10 or Detention Base 416) is located near Kfar Yona, inside the Camp Gur military complex, and is used for the detention of military personnel who committed crimes during their service. There are also at least two Incarceration facilities run by the Israeli Defence Force, (Etzion Facility, near Gush Etzion and Shomron Facility, in Samaria) used to hold Palestinians prisoners.

Italy

In Italy the only military prison is the Carcere Militare Giudiziario located at the "Ezio Andolfato" barracks in Santa Maria Capua Vetere, part of the Organizzazione Penitenziaria Militare . [5] [6] It is tasked with the detention of all military personnel under custody of the Military Justice Authority, either waiting for trial or serving a Reclusione Militare ("Military detention") term, [7] and of personnel of the civilian police forces under custody of the ordinary civilian justice that opt for the detention in the military prison instead of a civilian one [8] [9]

New Zealand

The only military prison in New Zealand is the Services Corrective Establishment (SCE) at Burnham Military Camp near Christchurch. [10] Prior to 1995, the SCE was based at Ardmore, Auckland. The prison hosts enlisted personnel who are serving sentences with a maximum of two years. Commissioned officers and enlisted personnel sentenced to a prison term exceeding two years are sent to civilian prisons. [11] According to lawyer Matthew Hague, the prison's regime consist of a mixture of corrective discipline and rehabilitation. [11]

Between 2013 and 2018, nearly 140 people were detained at SCE, with an average stay of 14 days. Half of inmates were sent there for drug and alcohol offences, while 20 were sent there for assault-related offences. In August 2025, a New Zealand Defence Force soldier, who became the first New Zealander convicted of attempted espionage, was sentenced to a prison term of two years at the facility. [11]

In addition to the Services Corrective Establishment, the NZDF has maintained cell facilities at RNZAF Base Ohakea, RNZAF Base Auckland, HMNZS Philomel and Linton Military Camp. [10]

Portugal

The only military prison in Portugal is the Estabelecimento Prisional Militar , located at Tomar. [12]

Spain

The only military prison in Spain is the Establecimiento Penitenciario Militar at Alcalá de Henares, near Madrid. [13]

United Kingdom

The United Kingdom has one military correctional facility. (It has no establishments that would be considered prisons.) The Military Corrective Training Centre (colloquially known as the Glasshouse after the former military prison in Aldershot), in the town of Colchester, is where non-commissioned servicemen and women who are convicted by military courts and sentenced to more than 28 days, but less than three years, will be incarcerated. Women, although in the same prison, are kept separate from men. The facility is maintained and controlled by the British Army's Military Provost Staff (Adjutant General's Corps). More serious offenders with longer sentences are transferred to HM Prison Service as part of their dishonourable discharge. There are three categories of prisoner:

United States

Naval Consolidated Brig, Miramar in San Diego, California MiramarBrig.JPEG
Naval Consolidated Brig, Miramar in San Diego, California

The United States military's equivalent to the county jail, in the sense of "holding area" or "place of brief incarceration for petty crimes" is known colloquially as the guardhouse or stockade by the United States Army and Air Force and brig by naval and marine forces. Members of the U.S. Armed Forces are subject to the Uniform Code of Military Justice and are convicted to confinement via courts-martial. [14] [15] The U.S. Armed Forces currently maintain several regional prisoner-holding facilities in the U.S. In the United States, differential treatment seems to be suggested, but by no means mandated, by the Founding Fathers in the Fifth Amendment to its constitution.[ citation needed ] In former times, criminals in the naval service were sent to the once-infamous Portsmouth Naval Prison,[ citation needed ] which was closed in 1974.

Prisoners under military jurisdiction, by branch of service [16]
  1. U.S. Air Force (19.0%)
  2. U.S. Army (47.0%)
  3. U.S. Marine Corps (20.0%)
  4. U.S. Navy (13.0%)
  5. U.S. Coast Guard (1.00%)

Incarceration of prisoners-of-war

The Geneva Conventions provides an international protocol defining minimum requirements and safeguards for prisoners of war. Prisoners are often kept in ad hoc camps near the battlefield, guarded by military police until they can be transferred to more permanent barracks for the duration of the conflict. Treatment has varied from age to age and nation to nation, the quality of conditions for prisoners often being linked with the intensity of the conflict and the resources of the warring parties.

Military prisons and the treatment of military prisoners have often figured prominently in modern literature, cinema and even politics. In the 19th century, written accounts of the barbaric treatment accorded prisoners on both sides during the Napoleonic and Crimean wars helped lead to the founding of the Red Cross and the promulgation of the Geneva Conventions.

There are numerous examples of 20th and 21st-century cinema dealing with military prisons. Stalag 17 (1953) portrays the struggles of a group of American airmen in a German Luftwaffe prison and is based on the play of the same name written by former prisoners of war. The Caine Mutiny (1954) deals with the military legal system during World War II. The Great Escape (1963) details the true-life adventures of a mixed group of Allied prisoners attempting to escape from a German Luftwaffe stalag. The Hill (1965) was set in a British military penal camp in North Africa during World War II. The Last Detail (1973) is a film that tells the story of two sailors assigned to a temporary detail transporting a prisoner. Andersonville (1996) and The Andersonville Trial (1970), both TV movies, dealt with the conditions at Andersonville Prison and its aftermath. The Last Castle (2001) shows a former U.S. Army general who is sent to a military prison after contradicting a direct order. Hart's War (2002) features American POWs in a German prison camp.

Some of the late-20th-century military novels of American writer W. E. B. Griffin make mention of the former Portsmouth Naval Prison facility.

See also

Notes

  1. Meechan, A.W. (1998). "A Review of the Defence Force Corrective Establishment" (PDF). Department of Defence. Archived (PDF) from the original on 9 January 2017. Retrieved 10 April 2016.
  2. Burton, Sean (19 June 2002). "A correct approach". Air Force. Department of Defence. Archived from the original on 26 April 2016. Retrieved 10 April 2016.
  3. Kretowicz, Ewa (21 July 2015). "Detention rates falling in armed forces". The Canberra Times. Retrieved 9 April 2016.
  4. Harris, Kathleen (January 27, 2008). "Trading a military uniform for an orange jumpsuit". Sun Media. Archived from the original on July 8, 2012. Retrieved October 3, 2009.
  5. "Organizzazione Penitenziaria Militare".
  6. "Notizie a carattere generale".
  7. "LA RECLUSIONE MILITARE". avvocatomilitare.com.
  8. As allowed by art. 79 of the law 121/81
  9. "È VERO CHE ANCHE I "NON" MILITARI POSSONO SCONTARE LA PROPRIA PENA PRESSO IL CARCERE MILITARE?". avvocatomilitare.com.
  10. 1 2 2019/20: Monitoring places of detention: Annual report of activities under the Optional Protocol to the Convention Against Torture (OPCAT), 1 July 2019 to 30 June 2020 (PDF) (Report). Auckland: Human Rights Commission. May 2021. Archived (PDF) from the original on 3 February 2025. Retrieved 26 August 2025.
  11. 1 2 3 Wilkinson, Jeremy (24 August 2025). "'A very hard place': What will life be like in military detention for NZ's attempted spy". Newstalk ZB . Open Justice. Archived from the original on 25 August 2025. Retrieved 25 August 2025.
  12. "Tomar | Único Estabelecimento Prisional Militar do país assinalou 126 anos de atividade". 9 February 2021.
  13. "Prisión militar de Alcalá: Cárcel de insumisos y conspiradores golpistas". 25 November 2017.
  14. "Appendix 2: Uniform Code of Military Justice". Manual for Courts Martial (2019 ed.). United States: Department of Defense; Library of Congress. 2019. pp. A2-22. https://hdl.loc.gov/loc.law/llmlp.MCM-2019.
  15. Art. 58. Execution of confinement
  16. 1 2 3 4 5 6 Carson, Elizabeth A. (2020-12-14). Prisoners in 2020 – Statistical Tables (PDF) (Report). Bureau of Justice Statistics . Retrieved 2023-03-01.
  17. First Principles: Jurisdiction (In Personam), Washington, DC: United States Court of Appeals for the Armed Forces, United States v. Hale, 78 M.J. 268
  18. 1 2 Haasenritter, David K. (2003). "Correctional System: An Overview". Corrections Today. 65 (7). American Correctional Association: 58–61. ISSN   0190-2563 via MasterFILE Complete.
  19. "Doing Time At Leavenworth". The Balance Careers. 23 October 2018. Archived from the original on 4 December 2018.
  20. "United States Disciplinary Barracks". Visit Leavenworth.
  21. 1 2 "Bureau of Justice Statistics. (1998). Correctional population in the United States, 1998" (PDF).