Postponement of discharge or transfer pending proceedings for offences, etc

(1) Notwithstanding anything in this Part, a soldier of the regular force shall not be entitled to be discharged or transferred to the reserve at a time when he has become liable to be proceeded against for an offence against any of the provisions of this Act, provided that if it is determined that the offence shall not be tried by court martial this sub-section shall cease to apply. (2) Notwithstanding anything in this Part, a soldier of the regular force who is serving a sentence of imprisonment or detention awarded by a court martial or by his commanding officer shall not be entitled to be discharged or transferred to the reserve during the currency of the sentence. 21