The Court Martial Appeal Court was established in 1983. Under the Courts and Court Offices Act 1995, powers are transferred to a division of the Supreme Court. They have been transferred to the Court of Appeal.The court-martial appeals court comprises a chief justice and two high-court judges. The appeal court may affirm, quash the conviction or order a retrial, convict on substitute offences if satisfied […]
Army pension entitlements are laid down in extensive legislation. This is relatively unusual in the public sector. More commonly, the major public service schemes are made under more general legislation. An application for a pension is made to the Minister for Defence, and the matter is referred to the Army Pension Board. The Minister may decide the matter himself if a reference or investigation is […]
Members of the Defence Forces are subject to military law. This applies equally to officers and non-commissioned officers and soldiers. They are also subject to the laws of the State. The purpose of military law is to maintain discipline and good order in the Defence Forces. Good order, discipline and obedience to commands are essential parts of the Defence Forces and military law is designed […]
The more serious disciplinary offences by members of the Defence Forces may be tried by court-martial. The commanding officer may remand an accused soldier for court-martial trial if the offence is triable only by court-martial if the accused elects for trial by court-martial in certain cases, or where it is triable summarily or by court-martial and the commanding officer or the superior authority does not […]
Persons may be discharged from the military by order of prescribed military authority on foot or a sentence of discharge with or without ignominy by court martial or in pursuance of the direction of the Minister or authorised officer for prescribed reason. Prescribed reasons (by which person may be discharged by direction of the Minister or officer authorised) include improper enlistment, application for discharge by […]
The Adjutant General is responsible for personnel matters in the Defence Forces. Age limits, heights and physical standards are prescribed. Soldiers may enlist for a period of 12 years or a lesser period as may be prescribed. After this initial enlistment, service may be extended on application for up to a further period of 21 years with provision for some shorter extensions after that. Certain […]
The volunteer air raid protection organisation had been in operation during the Second World War but was disbanded once hostilities ceased. However, during the Cold War, the government determined that the civil defence organisation was necessary to cope with a nuclear attack or like situation that may arise. The local authorities were first required to make schemes for civil divisions under the Air-Raid Precautions Act […]
The Adjutant General is responsible for personnel matters in the Defence Forces. Age limits, heights and physical standards are prescribed. Soldiers may enlist for a period of 12 years or a lesser period as may be prescribed. After this initial enlistment, service may be extended on application for up to a further period of 21 years with provision for some shorter extensions after that. Certain […]
The President appoints Irish citizens and other persons approved by the Minister as officers of the Defence Forces to the commissioned ranks. Persons may be appointed from cadet training (the majority) or those in the enlisted ranks after competing an officer training course. Certain direct entry officers who have specialist qualifications such as in music, medicine, dentistry and other technical officers may be appointed directly. […]
The Defence Amendment Act 2007 updated the disciplinary provisions in part V of the Defence Act so that they accord with modern human rights standards. It provides for the summary disposal of charges, the establishment of jurisdiction in summary court martial, appointment of court martial administrator, a Director of Military Prosecutions and a military judge. If it provides for the constitution of courts martial, membership […]