{"id":26983,"date":"2023-09-08T07:14:54","date_gmt":"2023-09-08T07:14:54","guid":{"rendered":"https:\/\/legalblog.ie\/?p=26983"},"modified":"2024-04-20T21:10:51","modified_gmt":"2024-04-20T21:10:51","slug":"court-martial","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/court-martial\/","title":{"rendered":"Court-Martial"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/court-martial\/#Revised_Courts_Martial\" title=\"Revised Courts Martial\">Revised Courts Martial<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/court-martial\/#Director_of_Military_Prosecutions\" title=\"Director of Military Prosecutions\">Director of Military Prosecutions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/court-martial\/#Military_Judge\" title=\"Military Judge\">Military Judge<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/court-martial\/#Appointment\" title=\"Appointment\">Appointment<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/court-martial\/#Courts_Marital\" title=\"Courts Marital\">Courts Marital<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/court-martial\/#Summary_Courts_Martial\" title=\"Summary Courts Martial\">Summary Courts Martial<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/court-martial\/#General_Courts_Martial\" title=\"General Courts Martial\">General Courts Martial<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/court-martial\/#Publicity\" title=\"Publicity\">Publicity<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/court-martial\/#Procedure\" title=\"Procedure\">Procedure<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/court-martial\/#Capacity\" title=\"Capacity\">Capacity<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/court-martial\/#Victim_Impact\" title=\"Victim Impact\">Victim Impact<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/court-martial\/#Sanctions\" title=\"Sanctions\">Sanctions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/court-martial\/#Custodial_Sentences\" title=\"Custodial Sentences\">Custodial Sentences<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/court-martial\/#Compensation\" title=\"Compensation\">Compensation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/court-martial\/#Appeals\" title=\"Appeals\">Appeals<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#DEFENCE_ACT\" title=\"DEFENCE ACT\">DEFENCE ACT<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Arrest_and_Courts_of_Inquiry_on_Absent_Men\" title=\"Arrest and Courts of Inquiry on Absent Men.\">Arrest and Courts of Inquiry on Absent Men.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Provost_Marshal\" title=\"Provost Marshal.\">Provost Marshal.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Arrest\" title=\"Arrest.\">Arrest.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Placing_of_person_arrested_in_service_custody\" title=\"Placing of person arrested in service custody.\">Placing of person arrested in service custody.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Guard_report\" title=\"Guard report.\">Guard report.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Court_of_inquiry_on_absent_man\" title=\"Court of inquiry on absent man.\">Court of inquiry on absent man.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Acquittal_or_conviction_to_be_a_bar_to_summary_proceedings\" title=\"Acquittal or conviction to be a bar to summary proceedings.\">Acquittal or conviction to be a bar to summary proceedings.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Charge_to_be_investigated_without_delay\" title=\"Charge to be investigated without delay.\">Charge to be investigated without delay.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Scheduled_offences\" title=\"Scheduled offences.\">Scheduled offences.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Charges_against_officers_and_other_specified_persons\" title=\"Charges against officers and other specified persons.\">Charges against officers and other specified persons.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Notice\" title=\"Notice.\">Notice.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Right_to_elect_for_trial_by_court-martial\" title=\"Right to elect for trial by court-martial.\">Right to elect for trial by court-martial.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Summary_disposal_by_authorised_officer\" title=\"Summary disposal by authorised officer.\">Summary disposal by authorised officer.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Remand_for_trial_by_court-martial\" title=\"Remand for trial by court-martial.\">Remand for trial by court-martial.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-31\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Appeal_to_summary_court-martial\" title=\"Appeal to summary court-martial.\">Appeal to summary court-martial.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-32\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Hearing_of_appeal_by_summary_court-martial\" title=\"Hearing of appeal by summary court-martial.\">Hearing of appeal by summary court-martial.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-33\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Powers_of_summary_court-martial\" title=\"Powers of summary court-martial.\">Powers of summary court-martial.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-34\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Notice-2\" title=\"Notice.\">Notice.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-35\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Right_to_elect_to_have_charge_disposed_of_summarily_by_commanding_officer\" title=\"Right to elect to have charge disposed of summarily by commanding officer.\">Right to elect to have charge disposed of summarily by commanding officer.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-36\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Summary_disposal_by_subordinate_officer\" title=\"Summary disposal by subordinate officer.\">Summary disposal by subordinate officer.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-37\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Appeal_to_commanding_officer\" title=\"Appeal to commanding officer.\">Appeal to commanding officer.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-38\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Hearing_of_appeals_by_commanding_officer\" title=\"Hearing of appeals by commanding officer.\">Hearing of appeals by commanding officer.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-39\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Suspension_of_operation_of_certain_punishments_pending_appeal\" title=\"Suspension of operation of certain punishments pending appeal.\">Suspension of operation of certain punishments pending appeal.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-40\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Revision_of_summary_awards\" title=\"Revision of summary awards.\">Revision of summary awards.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-41\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Trial_of_accused_without_preliminary_investigation\" title=\"Trial of accused without preliminary investigation.\">Trial of accused without preliminary investigation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-42\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Confession_of_desertion_or_fraudulent_enlistment\" title=\"Confession of desertion or fraudulent enlistment.\">Confession of desertion or fraudulent enlistment.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-43\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Summoning_of_civilian_witnesses_before_authorised_officers_and_commanding_officers\" title=\"Summoning of civilian witnesses before authorised officers and commanding officers.\">Summoning of civilian witnesses before authorised officers and commanding officers.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-44\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Regulations_in_relation_to_investigation_and_summary_disposal_of_charges\" title=\"Regulations in relation to investigation and summary disposal of charges.\">Regulations in relation to investigation and summary disposal of charges.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-45\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Appointment_of_Court-Martial_Administrator\" title=\"Appointment of Court-Martial Administrator.\">Appointment of Court-Martial Administrator.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-46\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Functions_of_Court-Martial_Administrator\" title=\"Functions of Court-Martial Administrator.\">Functions of Court-Martial Administrator.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-47\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Director_of_Military_Prosecutions-2\" title=\"Director of Military Prosecutions\">Director of Military Prosecutions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-48\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Appointment_of_Director_of_Military_Prosecutions\" title=\"Appointment of Director of Military Prosecutions.\">Appointment of Director of Military Prosecutions.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-49\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Committee\" title=\"Committee.\">Committee.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-50\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Terms_and_conditions_of_appointment\" title=\"Terms and conditions of appointment.\">Terms and conditions of appointment.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-51\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Prosecuting_officers\" title=\"Prosecuting officers.\">Prosecuting officers.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-52\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Prosecution_of_offences\" title=\"Prosecution of offences.\">Prosecution of offences.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-53\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Removal_of_Director_from_office\" title=\"Removal of Director from office.\">Removal of Director from office.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-54\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Steps_to_be_taken_before_removal_of_Director\" title=\"Steps to be taken before removal of Director.\">Steps to be taken before removal of Director.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-55\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Military_judge\" title=\"Military judge.\">Military judge.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-56\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Committee-2\" title=\"Committee.\">Committee.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-57\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Terms_and_conditions_of_appointment-2\" title=\"Terms and conditions of appointment.\">Terms and conditions of appointment.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-58\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Circuit_Judge_to_perform_functions_of_military_judge_in_certain_circumstances\" title=\"Circuit Judge to perform functions of military judge in certain circumstances.\">Circuit Judge to perform functions of military judge in certain circumstances.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-59\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Functions_of_military_judge\" title=\"Functions of military judge.\">Functions of military judge.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-60\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Chief_Military_Judge\" title=\"Chief Military Judge.\">Chief Military Judge.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-61\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Removal_of_military_judge_from_office\" title=\"Removal of military judge from office.\">Removal of military judge from office.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-62\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Steps_to_be_taken_before_removal_of_military_judge\" title=\"Steps to be taken before removal of military judge.\">Steps to be taken before removal of military judge.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-63\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Courts-martial\" title=\"Courts-martial.\">Courts-martial.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-64\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Acquittal_or_conviction_to_bar_subsequent_trial_by_court-martial\" title=\"Acquittal or conviction to bar subsequent trial by court-martial.\">Acquittal or conviction to bar subsequent trial by court-martial.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-65\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Classes_of_courts-martial\" title=\"Classes of courts-martial.\">Classes of courts-martial.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-66\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Convening_of_courts-martial\" title=\"Convening of courts-martial.\">Convening of courts-martial.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-67\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Summary_court-martial\" title=\"Summary court-martial.\">Summary court-martial.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-68\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#General_court-martial\" title=\"General court-martial.\">General court-martial.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-69\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Limited_court-martial\" title=\"Limited court-martial.\">Limited court-martial.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-70\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Membership_of_court-martial_board\" title=\"Membership of court-martial board.\">Membership of court-martial board.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-71\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Jurisdiction_of_courts-martial\" title=\"Jurisdiction of courts-martial.\">Jurisdiction of courts-martial.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-72\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Dissolution_of_courts-martial\" title=\"Dissolution of courts-martial.\">Dissolution of courts-martial.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-73\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Admission_to_courts-martial\" title=\"Admission to courts-martial.\">Admission to courts-martial.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-74\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Divers_matters_of_procedure\" title=\"Divers matters of procedure.\">Divers matters of procedure.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-75\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Counsel_at_courts-martial\" title=\"Counsel at courts-martial.\">Counsel at courts-martial.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-76\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Challenges_by_accused\" title=\"Challenges by accused.\">Challenges by accused.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-77\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Rulings_and_directions\" title=\"Rulings and directions.\">Rulings and directions.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-78\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Courts-martial_findings_and_sentence\" title=\"Courts-martial: findings and sentence.\">Courts-martial: findings and sentence.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-79\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Swearing_of_court-martial\" title=\"Swearing of court-martial.\">Swearing of court-martial.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-80\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Evidence_to_be_on_oath\" title=\"Evidence to be on oath.\">Evidence to be on oath.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-81\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Evidence_at_courts-martial\" title=\"Evidence at courts-martial.\">Evidence at courts-martial.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-82\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Mental_disorder_at_time_of_trial\" title=\"Mental disorder at time of trial.\">Mental disorder at time of trial.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-83\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Mental_disorder_at_time_of_commission_of_offence\" title=\"Mental disorder at time of commission of offence.\">Mental disorder at time of commission of offence.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-84\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Appeals_mental_disorder_at_time_of_trial\" title=\"Appeals (mental disorder at time of trial).\">Appeals (mental disorder at time of trial).<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-85\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Appeals_not_guilty_by_reason_of_insanity\" title=\"Appeals (not guilty by reason of insanity).\">Appeals (not guilty by reason of insanity).<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-86\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Appeals_order_of_committal_under_section_202_or_203\" title=\"Appeals (order of committal under section 202 or 203).\">Appeals (order of committal under section 202 or 203).<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-87\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Finding_of_acquittal\" title=\"Finding of acquittal.\">Finding of acquittal.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-88\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Conviction_for_offence_other_than_that_charged\" title=\"Conviction for offence other than that charged.\">Conviction for offence other than that charged.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-89\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Effect_of_certain_offences_on_persons_in_respect_of_whom_committed\" title=\"Effect of certain offences on persons in respect of whom committed.\">Effect of certain offences on persons in respect of whom committed.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-90\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Effective_dates_of_sentences_by_courts-martial\" title=\"Effective dates of sentences by courts-martial.\">Effective dates of sentences by courts-martial.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-91\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Summoning_and_privilege_of_witnesses_at_courts-martial\" title=\"Summoning and privilege of witnesses at courts-martial.\">Summoning and privilege of witnesses at courts-martial.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-92\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Contempt_of_court-martial\" title=\"Contempt of court-martial.\">Contempt of court-martial.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-93\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Punishments_which_may_be_awarded_to_officers_by_courts-martial\" title=\"Punishments which may be awarded to officers by courts-martial.\">Punishments which may be awarded to officers by courts-martial.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-94\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Punishments_which_may_be_awarded_to_men_by_courts-martial\" title=\"Punishments which may be awarded to men by courts-martial.\">Punishments which may be awarded to men by courts-martial.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-95\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Separate_sentence_for_each_offence\" title=\"Separate sentence for each offence.\">Separate sentence for each offence.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-96\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Restriction_on_sentence_of_imprisonment_or_detention_on_person_who_is_not_represented\" title=\"Restriction on sentence of imprisonment or detention on person who is not represented.\">Restriction on sentence of imprisonment or detention on person who is not represented.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-97\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Restriction_on_sentence_of_imprisonment_and_detention_on_person_already_undergoing_imprisonment_or_detention\" title=\"Restriction on sentence of imprisonment and detention on person already undergoing imprisonment or detention.\">Restriction on sentence of imprisonment and detention on person already undergoing imprisonment or detention.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-98\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Power_to_suspend_sentence\" title=\"Power to suspend sentence.\">Power to suspend sentence.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-99\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Review_of_certain_sentences\" title=\"Review of certain sentences.\">Review of certain sentences.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-100\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Order_for_payment_of_compensation\" title=\"Order for payment of compensation.\">Order for payment of compensation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-101\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Payment_of_fine\" title=\"Payment of fine.\">Payment of fine.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-102\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Findings_and_sentences_not_to_be_valid_unless_confirmed\" title=\"Findings and sentences not to be valid unless confirmed.\">Findings and sentences not to be valid unless confirmed.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-103\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Orders_for_restitution\" title=\"Orders for restitution.\">Orders for restitution.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-104\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Proceedings_of_court-martial\" title=\"Proceedings of court-martial.\">Proceedings of court-martial.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-105\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Execution_of_sentence_of_imprisonment_or_detention\" title=\"Execution of sentence of imprisonment or detention.\">Execution of sentence of imprisonment or detention.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-106\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Suspension_of_currency_of_sentence_where_a_person_escapes_or_is_released_without_proper_authority\" title=\"Suspension of currency of sentence where a person escapes or is released without proper authority.\">Suspension of currency of sentence where a person escapes or is released without proper authority.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-107\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Duty_of_governor_of_prison_to_receive_prisoners\" title=\"Duty of governor of prison to receive prisoners.\">Duty of governor of prison to receive prisoners.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-108\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Establishment_of_military_prisons_and_detention_barracks\" title=\"Establishment of military prisons and detention barracks.\">Establishment of military prisons and detention barracks.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-109\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Regulation_of_military_prisons_and_detention_barracks\" title=\"Regulation of military prisons and detention barracks.\">Regulation of military prisons and detention barracks.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-110\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Assisting_prisoners_in_military_prisons_and_detention_barracks_to_escape\" title=\"Assisting prisoners in military prisons and detention barracks to escape.\">Assisting prisoners in military prisons and detention barracks to escape.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-111\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Penalty_for_carrying_spirituous_liquor_drugs_or_tobacco_into_military_prisons_or_detention_barracks\" title=\"Penalty for carrying spirituous liquor, drugs or tobacco into military prisons or detention barracks.\">Penalty for carrying spirituous liquor, drugs or tobacco into military prisons or detention barracks.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-112\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Penalty_for_carrying_letters_etc_into_or_out_of_military_prisons_or_detention_barracks\" title=\"Penalty for carrying letters, etc., into or out of military prisons or detention barracks.\">Penalty for carrying letters, etc., into or out of military prisons or detention barracks.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-113\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Unsoundness_of_mind_of_person_imprisoned_or_undergoing_detention\" title=\"Unsoundness of mind of person imprisoned or undergoing detention.\">Unsoundness of mind of person imprisoned or undergoing detention.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-114\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Inquests_on_persons_under_sentence_dying_in_military_prisons_or_detention_barracks\" title=\"Inquests on persons under sentence dying in military prisons or detention barracks.\">Inquests on persons under sentence dying in military prisons or detention barracks.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-115\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Provisions_as_to_warrants_and_orders_of_military_authorities_under_Chapter_VIII_of_Part_V\" title=\"Provisions as to warrants and orders of military authorities under Chapter VIII of Part V.\">Provisions as to warrants and orders of military authorities under Chapter VIII of Part V.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-116\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Rules_of_procedure\" title=\"Rules of procedure.\">Rules of procedure.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-117\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Courts-Martial_Rules_Committee\" title=\"Courts-Martial Rules Committee.\">Courts-Martial Rules Committee.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-118\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Court-martial_rules\" title=\"Court-martial rules.\">Court-martial rules.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-119\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Penalty_for_member_of_Reserve_Defence_Force_joining_armed_forces_of_another_State\" title=\"Penalty for member of Reserve Defence Force joining armed forces of another State.\">Penalty for member of Reserve Defence Force joining armed forces of another State.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-120\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Punishment_of_certain_offences_by_reservists\" title=\"Punishment of certain offences by reservists.\">Punishment of certain offences by reservists.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-121\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Non-attendance_of_reservist_called_out_for_training_or_on_permanent_service_etc\" title=\"Non-attendance of reservist called out for training or on permanent service, etc.\">Non-attendance of reservist called out for training or on permanent service, etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-122\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Record_and_evidence_of_absence_of_reservists_called_out\" title=\"Record and evidence of absence of reservists called out.\">Record and evidence of absence of reservists called out.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-123\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Wrongful_sale_etc_of_equipment_by_a_member_of_the_Reserve_Defence_Force\" title=\"Wrongful sale, etc., of equipment by a member of the Reserve Defence Force.\">Wrongful sale, etc., of equipment by a member of the Reserve Defence Force.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-124\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Regulations_for_purposes_of_Chapter_X_of_Part_V\" title=\"Regulations for purposes of Chapter X of Part V.\">Regulations for purposes of Chapter X of Part V.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-125\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Evidence_on_subjection_to_military_law_of_officers_of_the_Reserve_Defence_Force\" title=\"Evidence on subjection to military law of officers of the Reserve Defence Force.\">Evidence on subjection to military law of officers of the Reserve Defence Force.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-126\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Evidence_of_certain_documents_and_matters\" title=\"Evidence of certain documents and matters.\">Evidence of certain documents and matters.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-127\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Evidence_of_proceedings_of_court-martial\" title=\"Evidence of proceedings of court-martial.\">Evidence of proceedings of court-martial.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-128\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#COURTS-MARTIAL_APPEALS_ACT_1983\" title=\"COURTS-MARTIAL APPEALS ACT 1983\">COURTS-MARTIAL APPEALS ACT 1983<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-129\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Definitions\" title=\"Definitions.\">Definitions.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-130\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Performance_of_functions_of_military_judge_by_Circuit_Judge\" title=\"Performance of functions of military judge by Circuit Judge.\">Performance of functions of military judge by Circuit Judge.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-131\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Amendment_of_section_203_of_Act_of_1954\" title=\"Amendment of section 203 of Act of 1954.\">Amendment of section 203 of Act of 1954.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-132\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Courts-Martial_Appeal_Court\" title=\"Courts-Martial Appeal Court\">Courts-Martial Appeal Court<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-133\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Finding_of_guilty_but_insane\" title=\"Finding of guilty but insane.\">Finding of guilty but insane.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-134\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Appeals_mental_disorder_at_time_of_commission_of_offence\" title=\"Appeals (mental disorder at time of commission of offence).\">Appeals (mental disorder at time of commission of offence).<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-135\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Appeals_supplementary_provisions\" title=\"Appeals (supplementary provisions).\">Appeals (supplementary provisions).<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-136\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Convictions_and_sentences_of_the_Court_etc\" title=\"Convictions and sentences of the Court, etc.\">Convictions and sentences of the Court, etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-137\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Defence_of_appeal\" title=\"Defence of appeal.\">Defence of appeal.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-138\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Case_stated_for_the_Court_on_question_of_law\" title=\"Case stated for the Court on question of law.\">Case stated for the Court on question of law.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-139\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Review_of_certain_sentences-2\" title=\"Review of certain sentences.\">Review of certain sentences.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-140\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Section_23_supplemental_provisions\" title=\"Section 23: supplemental provisions.\">Section 23: supplemental provisions.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-141\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Definitions_for_Part_III\" title=\"Definitions for Part III.\">Definitions for Part III.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-142\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Legal_aid_preliminary_proceedings_certificate\" title=\"Legal aid (preliminary proceedings) certificate.\">Legal aid (preliminary proceedings) certificate.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-143\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Legal_aid_court-martial_certificate\" title=\"Legal aid (court-martial) certificate.\">Legal aid (court-martial) certificate.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-144\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Legal_aid_case_stated_certificate\" title=\"Legal aid (case stated) certificate.\">Legal aid (case stated) certificate.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-145\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Legal_aid_Courts-Martial_Appeal_Court_certificate\" title=\"Legal aid (Courts-Martial Appeal Court) certificate.\">Legal aid (Courts-Martial Appeal Court) certificate.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-146\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Legal_aid_Supreme_Court_certificate\" title=\"Legal aid (Supreme Court) certificate.\">Legal aid (Supreme Court) certificate.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-147\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Payment_of_expenses_of_legal_aid\" title=\"Payment of expenses of legal aid.\">Payment of expenses of legal aid.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-148\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Restriction_of_section_18\" title=\"Restriction of section 18.\">Restriction of section 18.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-149\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Statement_as_to_means\" title=\"Statement as to means.\">Statement as to means.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-150\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Regulations\" title=\"Regulations.\">Regulations.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-151\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Penalty_for_false_or_misleading_statements\" title=\"Penalty for false or misleading statements.\">Penalty for false or misleading statements.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-152\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#DEFENCE_FORCES_EVIDENCE_ACT_2022\" title=\"DEFENCE FORCES (EVIDENCE) ACT 2022\">DEFENCE FORCES (EVIDENCE) ACT 2022<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-153\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Preliminary_and_General\" title=\"Preliminary and General\">Preliminary and General<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-154\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Interpretation\" title=\"Interpretation\">Interpretation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-155\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Application_of_Act_to_persons_subject_to_military_law\" title=\"Application of Act to persons subject to military law\">Application of Act to persons subject to military law<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-156\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Supplementary_provisions_relating_to_samples_and_DNA_profiles\" title=\"Supplementary provisions relating to samples and DNA profiles\">Supplementary provisions relating to samples and DNA profiles<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-157\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Taking_of_samples_from_persons_in_custody_of_Military_Police\" title=\"Taking of samples from persons in custody of Military Police\">Taking of samples from persons in custody of Military Police<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-158\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Taking_of_samples_for_elimination_purposes\" title=\"Taking of samples for elimination purposes\">Taking of samples for elimination purposes<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-159\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Taking_of_samples_from_volunteers\" title=\"Taking of samples from volunteers\">Taking of samples from volunteers<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-160\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#DNA_Military_Police_Database_System\" title=\"DNA (Military Police) Database System\">DNA (Military Police) Database System<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-161\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Other_powers_of_members_of_Military_Police_in_relation_to_person_placed_in_service_custody\" title=\"Other powers of members of Military Police in relation to person placed in service custody\">Other powers of members of Military Police in relation to person placed in service custody<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-162\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Destruction_of_samples_and_destruction_or_removal_from_DNA_Military_Police_Database_System_of_DNA_profiles\" title=\"Destruction of samples and destruction, or removal from DNA (Military Police) Database System, of DNA profiles\">Destruction of samples and destruction, or removal from DNA (Military Police) Database System, of DNA profiles<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-163\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Offences_and_penalties\" title=\"Offences and penalties\">Offences and penalties<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-164\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Review_of_operation_of_Parts_6_and_7_by_Minister\" title=\"Review of operation of Parts 6 and 7 by Minister\">Review of operation of Parts 6 and 7 by Minister<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-165\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Miscellaneous\" title=\"Miscellaneous\">Miscellaneous<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-166\" href=\"https:\/\/legalblog.ie\/court-martial\/2\/#Amendment_of_Act_of_2014\" title=\"Amendment of Act of 2014\">Amendment of Act of 2014<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Revised_Courts_Martial\"><\/span>Revised Courts Martial<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The more serious disciplinary offences by members of the Defence Forces may be tried by court-martial.\u00a0 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 consent to it being tried summarily.<\/p>\n<p>The Defence (Amendment) Act 2007 made new and revised provisions for courts-martial.\u00a0 It establishes an independent court-martial administrator.\u00a0 The administrator is to be of a rank not below colonel or equivalent and is to be independent in the performance of his duties.<\/p>\n<p>The administrator is to manage and control generally the administration and business of court-martial, including convening general or court-martial, referring matters for trial by the summary court-martial and selecting members of court-martial boards.\u00a0 The court-martial administrators act under the general supervision of the judge advocate general.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Director_of_Military_Prosecutions\"><\/span>Director of Military Prosecutions<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Director of Military Prosecutions is an independent military prosecution authority which is established under the 2007 A=act.\u00a0 It decides all issues relating to the prosecution of offence before a court-martial.\u00a0 The Director is to be a barrister or solicitor of 10 years standing and an officer of the Defence Forces.\u00a0 He is not to be below the rank of colonel or equivalent in another service.<\/p>\n<p>There are provisions for a committee to recommend the appointment of the Director.\u00a0 The Director is independent in his functions.\u00a0 He may consult with the Attorney General and DPP.<\/p>\n<p>There is a provision for appointment by the Director of prosecuting officers.\u00a0 They must be barristers or solicitors and may exercise the function of the directors as authorised.\u00a0 The Director is responsible for all prosecutions of court-martial.\u00a0 The director has powers similar to those applicable to the DPP in respect of offences triable before the civil court.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Military_Judge\"><\/span>Military Judge<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There is to be an independent military judge office consisting of one or more military judges.\u00a0 Their role is similar to that of a civilian judge. The judge is appointed by the President on the recommendation of a Minister of an officer of the Defence Forces who is practising barrister or solicitor of 10 years standing to be a military judge.<\/p>\n<p>There are provisions for appointment to the office.\u00a0 The judge is to be independent in the performance of his functions and must not hold other any other paid officer employment.<\/p>\n<p>The Defence Amendment Act 2011 amended and updated the Defence Acts by providing for an expansion of the potential candidature for appointment to the post of military judge and the Director of Military Prosecutions to persons other than members of the Defence Forces and for the appointment of a Circuit Judge to perform the functions of the military judge where the military judge is not available for whatever reason.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Appointment\"><\/span>Appointment<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Act also provided for an amendment to the powers of the Selection Committees established for the purposes of selecting a suitable and qualified candidate for appointment to the posts of Director of Military Prosecutions and military<\/p>\n<p>The \u00a0Committee established under section 184D of the Defence Act 1954 for the purposes of identifying candidates and informing the Minister of their suitability for appointment to the post of Director of Military Prosecutions, may determine a candidate\u2019s qualification for the post.\u00a0There is provision for \u00a0an expansion of the potential candidature for appointment to the post of the Director of Military Prosecutions to persons other than officers of the Permanent Defence Force.<\/p>\n<p>The Committee established under section 184K of the Defence Act 1954 for the purposes of identifying candidates and informing the Government of the suitability of those candidates for appointment to judicial office, may determine a candidate\u2019s qualification for the post of military judge. There is \u00a0an expansion of the potential candidature for appointment as a military judge to persons other than officers of the Permanent Defence Force.<\/p>\n<p>The Minister for Defence, having consulted the Minister for Justice and Equality, may request the President of the Circuit Court to temporarily designate a Circuit Court Judge to perform the functions of a military judge under certain circumstances. This would include circumstances where:\u2014<\/p>\n<ul>\n<li>no person has been appointed as military judge;<\/li>\n<li>a military judge appointed under the Principal Act is ill, absent or otherwise unable to carry out his or her functions; and<\/li>\n<li>a military judge cannot properly deal with a matter before him or her.<\/li>\n<\/ul>\n<p>The military judge presides over court-martials and performs other judicial functions as may be prescribed.\u00a0 There is a provision for the appointment of a chief military judge where there is more than one military judge. Where the court-martial appeals court reverses the finding of a court-martial, it may order a retrial.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Courts_Marital\"><\/span>Courts Marital<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Court-martial administrator convenes court-martial.\u00a0 Subject to the directions of the DMP to convene general and limited court-martial or to refer matters for trial by summary courts-martial.<\/p>\n<p>A summary court-martial is established as a permanent court comprised of a military judge sitting alone.\u00a0 It has jurisdiction to deal with offences that the DMP consider should be dealt with by a court-martial with lower powers of punishment than a general or limited court-martial. It also hears appeals from some summary awards made by authorised or commanding officers and applications for legal aid.<\/p>\n<p>The general court-martial consists of a military judge and a court-martial board equivalent to a jury who will be designate senior members similar to the foreman.\u00a0 The minimum number of members and ranks are specified.<\/p>\n<p>A limited court-martial consists of a military judge and a court-martial board. Legislation prescribes the minimum ranks and the minimum number of members of limited court-martial boards. Non-commissioned officers may be members of the board.<\/p>\n<p>Certain persons are ineligible to serve on a court-martial board, including members of the military police force, barristers, solicitors and members of the same military chain of command as the accused.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Summary_Courts_Martial\"><\/span>Summary Courts Martial<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The summary court-martial may deal with appeals against summary awards and trial of certain offences for all unlisted ranks and certain commissioned ranks.\u00a0 Specified serious offences are excluded and the maximum term of imprisonment is six months.<\/p>\n<p>A summary court-martial shall not have jurisdiction\u2014<\/p>\n<ul>\n<li>to try any person who is for the time being an officer holding the army rank of lieutenant colonel or the equivalent naval rank or higher commissioned rank,<\/li>\n<li>to try any person for a relevant offence,<\/li>\n<li>to award to any person any sentence greater than imprisonment for a term of six months or<\/li>\n<li>in the case of an appeal, to award any punishment greater than that awardable on summary disposal of the matter.<\/li>\n<\/ul>\n<p>The limited court-martial jurisdiction was amended in 2007, so the trial of non-commissioned officers in the rank of battalion, quartermaster, sergeant and higher non-commissioned rank are excluded from its remit. Specified serious offences are excluded from its jurisdiction.\u00a0 The pre-existing law for limited court-martial is permitted to deal with manslaughter, rape and sexual assault if the offence is committed by a person in active service or dispatched overseas. These were now excluded.<\/p>\n<p>A limited court-martial shall not have jurisdiction\u2014<\/p>\n<ul>\n<li>to try any person for any offence against military law committed by the person while subject to military law as an officer,<\/li>\n<li>to try any person who is, for the time being, an officer or a man of the army rank of battalion quarter-master sergeant or the equivalent naval rank or of any higher non-commissioned rank,<\/li>\n<li>to try any person for a relevant offence or<\/li>\n<li>to award to any person any sentence greater than imprisonment for a term of two years.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"General_Courts_Martial\"><\/span>General Courts Martial<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The general court-martial has jurisdiction in relation to rape and aggravated sexual assault even where the offence is not committed by a person in active service or dispatch from military service overseas. \u00a0It may deal with the offence where the offence was committed by a person subject to military law who was neither on active service nor despatched for service outside the State when the offence was committed.<\/p>\n<p>A general court-martial may try any person subject to military law on a charge of having committed that offence where\u2014<\/p>\n<ul>\n<li>The person in respect of whom the offence was committed is, or was when the offence was committed, subject to military law, and has consented in writing to the trial of the offence by court-martial, and<\/li>\n<li>the Director of Public Prosecutions has given his prior consent.,<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Publicity\"><\/span>Publicity<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The military judge can prohibit publication and impose restrictions on the publication of information considered to be sensitive.\u00a0 It is intended to permit bona fide members of the press to be present during trials.<\/p>\n<p>There are provisions as to who may be present at trials for offences of a sexual nature. Notwithstanding restrictions or findings, some sentences are announced in public.\u00a0 Persons may be excluded from trial at the discretion of the judge in the case of offences of a sexual nature.The judge is not to be present during deliberations of the court martial board.<\/p>\n<p>The accused can object to members of the court-martial board and the military judge decides whether or not to allow the objections.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Procedure\"><\/span>Procedure<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>All corrections and questions on questions of law practice and procedure relating to the charge or trial are decided by the military judge. \u00a0This changed the pre-existing position whereby the board decides matters on the advice of the judge.<\/p>\n<p>The accused may cross-examine the witnesses, and the questions and answers are added to the summary.\u00a0 The evidence is read back to the witness and signed.\u00a0 No Counsel or representative is allowed to appear for the accused or the prosecution at the taking of the summary.<\/p>\n<p>Once all the evidence is taken, the accused may make an unsworn statement or give evidence.\u00a0 A caution that evidence may be used against him is given.\u00a0 Failure to administer the caution makes the evidence inadmissible.<\/p>\n<p>The accused may call and examine witnesses in his defence, and their sworn statement is taken down.\u00a0 The officer making the summary may put questions as deemed necessary to investigate the facts, but he may not cross-examine.<\/p>\n<p>Witnesses cannot be compelled to attend, or it is impractical for them to attend, and the officer taking the summary so certifies a written statement by him purporting to be his evidence signed by him may suffice.\u00a0 If the person can be compelled to attend. The accused may demand that he attend for cross-examination.\u00a0 A summons is served, requiring him to attend.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Capacity\"><\/span>Capacity<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The military judge may decide whether a person is fit to stand trial.\u00a0 The Criminal Law (Insanity) Act 2006 provisions are reflected in military law. The summary court-martial or court-martial board decides questions of fact, including whether the person is not guilty by reason of insanity. \u00a0The military judge determines whether the person is in need of inpatient care or treatment in a designated centre.<\/p>\n<p>There is an appeal to the court-martial appeal court against findings by a court-martial in relation to mental disorder or being unfit to stand trial.\u00a0There is an appeal by the defence or prosecution against a decision of a court-martial to make an order of committal of a person under the above provisions.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Victim_Impact\"><\/span>Victim Impact<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There is provision for a victim impact statement in offences of a sexual or violent nature. They are to be heard and taken into account.<\/p>\n<p>The definition of contempt to court-martial is extended.\u00a0 There is provision for a fine on summary convictions for the offence. There are provisions of prosecutions subject to the consent to the DPP.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Sanctions\"><\/span>Sanctions<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The legislation updates for persons subject to military law, fines and punishments. It provides newer form of punishment that can be ordered directly by a military judge as an alternative to the offender being tried for contempt of court-martial.<\/p>\n<p>The punishments which can be imposed by court-martial for offences against military law are amended.\u00a0 The scale of offences for persons sentenced as officers has been updated. \u00a0There is provision for a reduction of pay increasing with a maximum fine to 14 days&#8217; pay.<\/p>\n<p>The earlier mandatory requirement in a court-martial to sentence an officer to dismissal has been limited to situations where imprisonment exceeds six months. \u00a0An officer awarded imprisonment for less than six months may be sentenced to dismissal with disgrace or to dismissal or reduced in rank to a lower commissioned rank.<\/p>\n<p>Where a court-martial reduces an officer to a lower rank, it may determine the point and scale of pay for the lower rank and decide the seniority of the rank of the reduced officer.<\/p>\n<p>The scale of punishments applicable to non-officers has been revised, broadly reflecting the above.\u00a0 There is a provision for discharge with disgrace in the case of offences with sentences of more than six months. There is a provision for a demotion and reduction in pay scale.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Custodial_Sentences\"><\/span>Custodial Sentences<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person may not be sentenced to imprisonment, dismissal or discharge if they did not have legal representation at some time after the finding of guilt and prior to sentence.<\/p>\n<p>There is provision for suspension of custodial sentences other than where mandatory terms apply.\u00a0 The suspension may apply both to officers and men.\u00a0 A person in respect of whom a suspension order is made must keep the peace and be of good behaviour for the period of suspension.<\/p>\n<p>If he is convicted of another offence in the period, he must be remanded to appear before a court-martial of the same class.\u00a0 If he is convicted of another offence and awarded a custodial sentence, the custodial sentence will not commence until the expiration of the suspended term of imprisonment.<\/p>\n<p>Where it is believed the person is about to contravene a condition of suspension, he must refer the matter to the Director of Military Processions.\u00a0 The Director can require the person to appear before a court-martial of the same class with a view to varying or revoking the suspension.<\/p>\n<p>In certain cases, the DMP may appeal leniency of the sentence to the court-martial&#8217;s appeal court.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Compensation\"><\/span>Compensation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There is provision for a compensation order. \u00a0It is broadened to that in the pre-existing legislation to include personal injury, private loss and damage. \u00a0The financial limits are as follows:<\/p>\n<ul>\n<li>Summary court-martial \u20ac10,000<\/li>\n<li>Limited court-martial \u20ac20,000<\/li>\n<li>General court-martial \u20ac100,000<\/li>\n<\/ul>\n<p>The military judge is to have regard to a person\u2019s means in deciding compensation. \u00a0Compensation may be awarded payable by instalments.\u00a0 The terms of the fine are at the discretion of the military judge.<\/p>\n<p>Rules of proceduremay be made for court-martials. \u00a0Rules may cover the procedures of courts of inquiry and boards.\u00a0 \u00a0The procedures provide for remand through trial, through the court-martial and sentence.\u00a0 Rules governing pleading practice and procedure are made by the Court-martial Rules Committee.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Appeals\"><\/span>Appeals<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A range of minor amendments were made to the Court-Martial Appeals Act 1983.\u00a0 Provision is made for persons not guilty by reason of insanity.<\/p>\n<p>Where an appeal is made against the decision of a court-martial to order or not to order committal, the appeals court has no power to make any order which would have been open to the court-martial to make without prejudice to any review of the order under the insanity legislation.<\/p>\n<p>Where an appeal against conviction against the verdict of not guilty by reason of insanity on the ground that the person has been found unfit be tried on the grounds the person is not guilty by reason of insanity. The appeal court has the same powers to deal with the accused as the court-martial would have had if it came to the same conclusion.<\/p>\n<p>There is a provision for appeal by the DMP against the leniency of a court-martial sentence. The time frame for the appeal is specified.<\/p>\n<h2><\/h2>\n<p><!--nextpage--><\/p>\n<h2>DEFENCE ACT<\/h2>\n<p>&nbsp;<\/p>\n<p>Chapter III.<\/p>\n<h4>Arrest and Courts of Inquiry on Absent Men.<\/h4>\n<p>Section 170<\/p>\n<h4>Provost Marshal.<\/h4>\n<p>170.\u2014For the prompt suppression of all offences a provost marshal of commissioned rank may from time to time be appointed.<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C47<br \/>\nSection exempted from application of Freedom of Information Act 2014 (14.10.2014) by Freedom of Information Act 2014 (30\/2014), s. 42(c)(ii)(II), commenced on enactment.<\/p>\n<p>Restriction of Act<\/p>\n<p>42. This Act does not apply to\u2014 &#8230;<\/p>\n<p>(c) a record held by\u2014 &#8230;<\/p>\n<p>(ii) the Defence Forces relating to\u2014 &#8230;<\/p>\n<p>(II) section 170 of the Defence Act 1954,<\/p>\n<p>&#8230;<\/p>\n<p>Section 171<\/p>\n<h4>Arrest.<\/h4>\n<p>171.\u2014(1) Any person subject to military law, who has committed, is found committing, is suspected of being about to commit, or is suspected of or charged under this Act with having committed an offence against military law, may be placed under arrest.<\/p>\n<p>(2) In the circumstances mentioned in subsection (1) of this section\u2014<\/p>\n<p>(a) a provost marshal or an officer legally exercising authority under a provost marshal or on his behalf may arrest or order the arrest of any officer;<\/p>\n<p>(b) a provost marshal or an officer or non-commissioned officer legally exercising authority under a provost marshal or on his behalf may arrest or order the arrest of any man;<\/p>\n<p>(c) an officer may arrest or order the arrest of\u2014<\/p>\n<p>(i) any man,<\/p>\n<p>(ii) any officer of lower rank,<\/p>\n<p>(iii) any officer of equal or higher rank who is engaged in any quarrel, affray or disorder;<\/p>\n<p>(d) a non-commissioned officer may arrest or order the arrest of any man;<\/p>\n<p>(e) any person subject to military law who is so authorised by any commanding officer may arrest or order the arrest of a person subject to military law other than an officer or a man.<\/p>\n<p>(3) Every person authorised by subsection (2) of this section to effect arrest may use such force as is reasonably necessary for that purpose.<\/p>\n<p>(4) An order given under subsection (2) of this section shall be obeyed although the person giving the order and the person to whom and the person in respect of whom the order is given do not belong to the same service corps or unit.<\/p>\n<p>Section 172<\/p>\n<h4>Placing of person arrested in service custody.<\/h4>\n<p>172.\u2014Where a person has been arrested under section 171, he may forthwith on his being arrested be placed in service custody by or on the order of an officer, man or other person having authority to arrest him, and for this purpose such force as is reasonably necessary may be used.<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C48<br \/>\nProspective affecting provision: powers of Military Police in relation to person in service custody specified by Defence Forces (Evidence) Act 2022 (16\/2022), s. 34, not commenced as of date of revision.<\/p>\n<p>F1[Other powers of members of Military Police in relation to person placed in service custody<\/p>\n<p>34. (1) Where a person is placed in service custody pursuant to section 172 of the Act of 1954, a member of the Military Police may do one or more of the following:<\/p>\n<p>(a) demand of him or her, his or her name, service number, rank and unit;<\/p>\n<p>(b) search him or her or cause him or her to be searched;<\/p>\n<p>(c) photograph him or her or cause him or her to be photographed;<\/p>\n<p>(d) take, or cause to be taken, his or her fingerprints and palm prints;<\/p>\n<p>(e) take, or cause to be taken, from the person a sample of a footprint or similar impression of any part of the person\u2019s body other than a part of the hand or mouth;<\/p>\n<p>(f) carry out, or cause to be carried out, any test designed for the purpose of ascertaining whether he or she has been in contact with any firearm (within the meaning of the Firearms Acts 1925 to 2009) or with any explosive and for that purpose take swabs from the person\u2019s skin or samples of the person\u2019s hair;<\/p>\n<p>(g) require the person to permit a registered medical practitioner or a registered nurse to take a specimen of blood from him or her for analysis as to the concentration of alcohol or other drug in the blood;<\/p>\n<p>(h) with the prior consent in writing of the person placed in service custody, cause to be taken by a registered dentist or a registered medical practitioner, a dental impression;<\/p>\n<p>(i) seize and retain for testing anything that he or she has in his or her possession.<\/p>\n<p>(2) A power conferred by subsection (1)(c) to (h) shall not be exercised unless a member of the Military Police not below the rank of captain authorises it.<\/p>\n<p>(3) Subsection (1)(b) does not empower a member of the Military Police to require a person to remove his or her underclothing, except where such member, with reasonable cause, suspects that he or she has concealed on his or her person a controlled drug (within the meaning of section 2 of the Misuse of Drugs Act 1977 ) or an explosive and a member of the Military Police not below the rank of captain so authorises.<\/p>\n<p>(4) In this section, \u201cexplosive\u201d means an explosive within the meaning of the Explosives Act 1875 and any other substance or thing that is an explosive substance within the meaning of the Explosive Substances Act 1883.]<\/p>\n<p>Section 173<\/p>\n<h4>Guard report.<\/h4>\n<p>173.\u2014(1) Any person who under section 172 places any other person in service custody shall, at the time he does so or as soon as practicable thereafter, and in any case not later than twenty-four hours thereafter, deliver to the officer or man into whose custody the person is committed, an account in writing signed by himself of the offence with which the person so committed is charged.<\/p>\n<p>(2) Any officer or man commanding a guard or a provost marshal or any of his assistants or any officer or man shall not refuse to receive or keep any person who is placed in service custody under section 172.<\/p>\n<p>(3) It shall be the duty of an officer or a man who takes or receives any person (in this subsection referred to as the prisoner) into custody, as soon as he is relieved from guard or duty or, if he is not sooner relieved, within twenty-four hours after he took the prisoner into custody,\u2014<\/p>\n<p>(a) to give in writing to his commanding officer\u2014<\/p>\n<p>(i) the name and, as far as is known to him, the offence with which the prisoner is charged, and<\/p>\n<p>(ii) the name and rank (if any) of the person by whom the prisoner was committed, and<\/p>\n<p>(b) if he has received the account in writing referred to in subsection (1) of this section, to deliver it to his commanding officer.<\/p>\n<p>Section 174<\/p>\n<h4>Court of inquiry on absent man.<\/h4>\n<p>174.\u2014(1) When a man of the Permanent Defence Force has been absent without leave from his duty for a period of twenty-one days, a court of inquiry in relation to such man may as soon as practicable be assembled.<\/p>\n<p>(2) When any man of the Reserve Defence Force is subject to military law F173[by reason of his being called out on permanent service or in aid of the civil power or for annual training or being deployed on military service under section 91A] and is illegally absent from duty, a court of inquiry in relation to such man may be assembled after the expiration of twenty-one days from the date of such absence, whether the period during which such man was subject to military law is or is not less than twenty-one days or has or has not expired before the expiration of twenty-one days from the date of such absence.<\/p>\n<p>(3) Where a court of inquiry in relation to a man is assembled under subsection (1) or (2) of this section, the following provisions shall have effect\u2014<\/p>\n<p>(a) the court shall inquire in the prescribed manner on oath or solemn declaration (which any member of such court is hereby authorised to administer) respecting the absence of such man and the deficiency (if any) in his arms, ammunition, equipment, instruments, service necessaries and clothing,<\/p>\n<p>(b) if the court is satisfied that such man has absented himself without leave or other sufficient cause, the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(i) the court shall declare such absence and the period thereof, and the said deficiency (if any);<\/p>\n<p>(ii) a record of such declaration shall be entered by his commanding officer in the service books;<\/p>\n<p>(iii) in case such man is a man of the Permanent Defence Force or a man of the Reserve Defence Force called out on permanent service, such record shall, if such man does not afterwards surrender or is not apprehended, have the legal effect of a conviction by court-martial for desertion.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F173<br \/>\nSubstituted (4.04.2022) by Defence (Amendment) Act 2021 (33\/2021), s. 10, S.I. No. 179 of 2022.<\/p>\n<p>Chapter IV.<\/p>\n<p>Investigation and Summary Disposition of Charges, Remands for Court-martial and Dispensation with Trial by Court-martial.<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C49<br \/>\nCertain investigations under Chap. IV (ss. 175-184) excluded by Ombudsman (Defence Forces) Act (36\/2004), s. 5(1)(b) and (e)(i), as amended (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 11 and sch. 4 pt. 4, S.I. No. 254 of 2008.<\/p>\n<p>Exclusions.<\/p>\n<p>5.\u2014(1) The Ombudsman shall not investigate any complaint concerning an action referred to in section 6 (1) or 6(2)\u2014 &#8230;<\/p>\n<p>(b) if the action has been or is the subject of an investigation under [Chapter IV of Part V of the Act of 1954] of the Act of 1954 or by a service tribunal and is not an action concerning delay or any other matter concerning the administration of such investigations,<\/p>\n<p>&#8230;<\/p>\n<p>(e) if the action is one\u2014<\/p>\n<p>[(i) involving the exercise of the right or power referred to in Article 13.6 of the Constitution or the remission of any forfeiture or punishment awarded under Chapter IV of Part V of the Act of 1954, by a court-martial or by the Courts-Martial Appeal Court, or]<\/p>\n<p>&#8230;<\/p>\n<p>Section 175<\/p>\n<h4>Acquittal or conviction to be a bar to summary proceedings.<\/h4>\n<p>175.\u2014(1) Where\u2014<\/p>\n<p>(a) a person has been charged with an offence against military law, and<\/p>\n<p>(b) (i) he has been acquitted or convicted of the offence by a civil court, or<\/p>\n<p>(ii) he has been acquitted of the offence by a court-martial, or<\/p>\n<p>(iii) he has been found guilty of the offence by a court-martial F174[\u2026],<\/p>\n<p>he shall not be liable to be dealt with summarily for the offence under this Chapter.<\/p>\n<p>(2) Where\u2014<\/p>\n<p>(a) a person subject to military law is charged with an offence against military law, and<\/p>\n<p>(b) the offence was dealt with under this Chapter either by being dismissed or being dealt with summarily,<\/p>\n<p>he shall not be liable to be dealt with summarily again under this Chapter in respect of that offence.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F174<br \/>\nDeleted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 4(2) and sch. 2, S.I. No. 254 of 2008.<\/p>\n<p>Section 176<\/p>\n<h4>Charge to be investigated without delay.<\/h4>\n<p>176.\u2014The charge against every person taken into service custody shall, without unnecessary delay, be investigated by the proper military authority, and as soon as possible either proceedings shall be taken for punishing him or such person shall be discharged from custody.<\/p>\n<p>Section 176A<br \/>\nF175[<\/p>\n<h4>Scheduled offences.<\/h4>\n<p>176A.\u2014 An offence of a disciplinary nature under any of the provisions of this Act specified in the Eleventh Schedule to this Act shall be a scheduled offence for the purposes of this Part of this Act.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F175<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 20(1), S.I. No. 254 of 2008.<\/p>\n<p>Section 177<br \/>\nF176[<\/p>\n<h4>Charges against officers and other specified persons.<\/h4>\n<p>177.\u2014 (1) A charge against a person subject to military law\u2014<\/p>\n<p>(a) as an officer, or<\/p>\n<p>(b) as a non-commissioned officer in the rank of sergeant major or battalion quarter-master sergeant or their equivalent naval ranks,<\/p>\n<p>shall, subject to the giving of a notice under section 177A, in accordance with regulations made under section 184, be investigated by the person\u2019s commanding officer or, if the Deputy Chief of Staff (Support) so directs, by such officer as the Deputy Chief of Staff (Support) may appoint for the purpose.<\/p>\n<p>(2) (a) Where a person is charged with a scheduled offence, the officer investigating the charge under subsection (1) of this section shall\u2014<\/p>\n<p>(i) where the person charged holds the rank of lieutenant colonel or commander or any higher commissioned rank\u2014<\/p>\n<p>(I) subject to paragraph (b) of this subsection, dismiss the charge if, in his discretion, he considers that it should not be proceeded with, or<\/p>\n<p>(II) remand the person charged for trial by court-martial if he considers that the charge should be proceeded with,<\/p>\n<p>(ii) in any other case\u2014<\/p>\n<p>(I) subject to paragraph (b) of this subsection, dismiss the charge if, in his discretion, he considers that it should not be proceeded with, or<\/p>\n<p>(II) remand the person charged for trial by court-martial if he considers that the charge should be proceeded with, or<\/p>\n<p>(III) subject to this section and to regulations made under section 184, refer the charge for summary investigation by an authorised officer.<\/p>\n<p>(b) In the case of a charge against a person for a scheduled offence specified in Part II of the Eleventh Schedule to this Act, dismissal of the charge under subparagraph (i)(I) or (ii)(I) of paragraph (a) of this subsection or referral of the charge for summary investigation by an authorised officer under subparagraph (ii)(III) of the said paragraph (a) shall be subject to the prior consent of the Director and where the Director refuses consent in any such case the person charged shall be remanded for trial by court-martial.<\/p>\n<p>(3) (a) Where a person is charged with an offence other than a scheduled offence, the officer investigating the charge under subsection (1) of this section shall\u2014<\/p>\n<p>(i) subject to the prior consent of the Director, dismiss the charge if the officer considers that it should not be proceeded with, or<\/p>\n<p>(ii) remand the person for trial by court-martial.<\/p>\n<p>(b) Where the Director refuses consent to the dismissal of the charge concerned, the person charged shall be remanded for trial by court-martial.<\/p>\n<p>(4) Where a person is remanded under this section for trial by court-martial, the matter shall be referred to the Director for his directions.<\/p>\n<p>(5) Where a person is charged with an offence for which the person would be required on conviction to be sentenced to imprisonment for life and the charge is investigated under this section, the person may, if he so wishes, be represented by counsel (within the meaning of section 196) or by an officer subject to military law.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F176<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 22, S.I. No. 254 of 2008, subject to transitional provisions in s. 3 and sch. 1, para. 3 .<\/p>\n<p>Editorial Notes:<\/p>\n<p>E36<br \/>\nPrevious affecting provision: section amended (24.06.1987) by Defence (Amendment) Act 1987 (8\/1987), s. 3(1), commenced on enactment, subject to transitional provision in s. 16; substituted as per F-note above.<\/p>\n<p>Section 177A<br \/>\nF177[<\/p>\n<h4>Notice.<\/h4>\n<p>177A.\u2014 Where a charge against a person subject to military law is\u2014<\/p>\n<p>(a) to be investigated under section 177 by the person\u2019s commanding officer or an officer appointed for that purpose by the Deputy Chief of Staff (Support), or<\/p>\n<p>(b) referred to an authorised officer for summary investigation under section 177(2)(a)(ii)(III),<\/p>\n<p>the person charged shall be entitled to receive, in the prescribed manner, at least 24 hours before the charge is to be so investigated\u2014<\/p>\n<p>(i) written notice in the prescribed form of the date on which and the time and place at which the charge is to be so investigated, and<\/p>\n<p>(ii) a copy of the charge sheet containing particulars of the offence concerned, a list of the witnesses who will be giving evidence against the person and, where available, an abstract of the evidence to be given against the person and a copy of any witness statements.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F177<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 23, S.I. No. 254 of 2008.<\/p>\n<p>Section 177B<br \/>\nF178[<\/p>\n<h4>Right to elect for trial by court-martial.<\/h4>\n<p>177B.\u2014 (1) Before disposing of a charge summarily under section 177C, the authorised officer shall, in the prescribed manner\u2014<\/p>\n<p>(a) ask the person charged whether he elects to have the charge disposed of summarily by the authorised officer or to be tried by court-martial, and<\/p>\n<p>(b) inform the person charged that he may obtain legal advice regarding the matter of the election and, where the person wishes to obtain such legal advice, that the hearing shall be adjourned for such period as the authorised officer considers reasonable (which period shall not in any case be less than 48 hours).<\/p>\n<p>(2) Where the person charged elects to be tried by court-martial, whether or not the person obtains legal advice, the authorised officer shall remand the person charged for trial by court-martial and shall refer the charge to the Director for his directions but otherwise shall proceed to dispose of the charge summarily under section 177C and may do so then and there.<\/p>\n<p>(3) Where two or more charges are brought against the person concerned, an election for trial by court-martial in respect of any of the charges shall take effect as an election in respect of all of them.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F178<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 23, S.I. No. 254 of 2008, subject to transitional provisions in s. 3 and sch. 1, para. 3.<\/p>\n<p>Section 177C<br \/>\nF179[<\/p>\n<h4>Summary disposal by authorised officer.<\/h4>\n<p>177C.\u2014 (1) This section applies where the person charged elects under section 177B to have the charge disposed of summarily by the authorised officer.<\/p>\n<p>(2) The authorised officer may, subject to subsection (5) of this section, dismiss the charge at any stage of the hearing.<\/p>\n<p>(3) If the authorised officer determines that the charge has not been proved he shall dismiss the charge.<\/p>\n<p>(4) The authorised officer may, after hearing the evidence or without hearing the evidence, remand the person charged for trial by court-martial and, in that case, shall refer the matter to the Director for his directions.<\/p>\n<p>(5) After hearing the evidence or, if the person charged consents to the attendance of witnesses being dispensed with and admits the offence charged, after reading a summary or abstract of the evidence, where the authorised officer makes a determination that the charge has been proved, he shall\u2014<\/p>\n<p>(a) record the determination, and<\/p>\n<p>(b) subject to subsection (6) of this section\u2014<\/p>\n<p>(i) in the case of a person subject to military law as an officer pursuant to section 118(a), (b) or (c) or as a non-commissioned officer in the rank of sergeant major or battalion quarter-master sergeant or their equivalent naval ranks, award one of the following punishments:<\/p>\n<p>(I) reduction on the applicable scale of pay of the person by one increment from a specified date for a specified period not exceeding one year;<\/p>\n<p>(II) deferral for a specified period not exceeding one year of the next increment due to the person on the applicable scale of pay of that person;<\/p>\n<p>(III) a fine not exceeding an amount equal to seven days\u2019 pay of the person at the most recent applicable rate;<\/p>\n<p>(IV) severe reprimand;<\/p>\n<p>(V) reprimand,<\/p>\n<p>(ii) in the case of a person subject to military law as an officer pursuant to section 118(d) or (e), award one of the following punishments:<\/p>\n<p>(I) a fine not exceeding an amount equal to seven days\u2019 pay of the person at the most recent applicable rate;<\/p>\n<p>(II) severe reprimand;<\/p>\n<p>(III) reprimand.<\/p>\n<p>(6) Where the authorised officer records a determination that two or more charges against the person have been proved, he shall award a single punishment in accordance with subsection (5) of this section in respect of the charges taken together.<\/p>\n<p>(7) The person charged may have an assisting person present at but not participating in the hearing before the authorised officer.<\/p>\n<p>(8) The evidence against the person charged taken before the authorised officer shall, if the person charged so demands, be taken on oath, and in that event there shall be administered to each witness the same oath or solemn declaration as that required to be taken by a witness before a court-martial, and for this purpose the authorised officer may administer oaths or solemn declarations.<\/p>\n<p>(9) Where the authorised officer makes a determination under this section that a charge has been proved and the offence charged occasioned any personal injury, expense or loss or destruction of, or damage to, any property, the authorised officer may, instead of or in addition to any punishment which he is authorised by this section to award in respect of the offence, order that there shall be paid by the person charged, as compensation for the personal injury, expense, loss, damage or destruction so occasioned, to any person who has suffered such personal injury, expense, loss, damage or destruction, such sum as the authorised officer may direct not exceeding the lesser of\u2014<\/p>\n<p>(a) the amount required to make good such personal injury, expense, loss, damage or destruction, or<\/p>\n<p>(b) subject to subsection (10) of this section, an amount equal to twenty-eight days\u2019 pay of the person charged.<\/p>\n<p>(10) A compensation order under subsection (9) of this section may provide for payment of the compensation by such instalments and at such times as the authorised officer shall in all the circumstances consider reasonable subject to a maximum deduction of seven days\u2019 pay in any one calendar month.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F179<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 23, S.I. No. 254 of 2008.<\/p>\n<p>Section 177D<br \/>\nF180[<\/p>\n<h4>Remand for trial by court-martial.<\/h4>\n<p>177D.\u2014 (1) Where the person charged is remanded for trial by court-martial under section 177(2)(a)(ii)(II) or 177C and the matter is referred to the Director for his directions, the Director may direct that the charge (with such alterations, amendments, additions, substitutions and additional charges as he thinks fit) be referred back to an authorised officer and the authorised officer shall either dismiss or, subject to the right to elect to be tried by court-martial pursuant to section 177B, dispose of the charge or charges so referred back summarily in accordance with section 177C.<\/p>\n<p>(2) Where the person charged\u2014<\/p>\n<p>(a) is remanded for trial by court-martial under section 177(2)(a)(ii)(II) or 177C and no direction is given under subsection (1) of this section, or<\/p>\n<p>(b) is remanded for trial by court-martial under section 177 (other than under section 177(2)(a)(ii)(II)) or 177B,<\/p>\n<p>the Director may\u2014<\/p>\n<p>(i) subject to section 192, in respect of the charge concerned (with such alterations, amendments, additions, substitutions and additional charges as he thinks fit)\u2014<\/p>\n<p>(I) direct that the matter be referred for trial by summary court-martial, or<\/p>\n<p>(II) direct that the Court-Martial Administrator convene a general court-martial or limited court-martial, as specified in his direction, to try the person charged,<\/p>\n<p>or<\/p>\n<p>(ii) withdraw the charge.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F180<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 23, S.I. No. 254 of 2008.<\/p>\n<p>Section 178<br \/>\nF181[Charges against men.<\/p>\n<p>178.\u2014 (1) This section and sections 178A to 178D apply to the summary disposal by a commanding officer of a charge against a person subject to military law as a man other than a sergeant major or battalion quarter-master sergeant or their equivalent naval ranks.<\/p>\n<p>(2) (a) Where a person referred to in subsection (1) of this section is charged with a scheduled offence, the commanding officer investigating the charge (including a charge referred to the commanding officer under section 179(2)(b) or 179B) shall\u2014<\/p>\n<p>(i) subject to paragraph (b) of this subsection, dismiss the charge if, in his discretion, he considers that it should not be proceeded with, or<\/p>\n<p>(ii) remand the person for trial by court-martial if he considers that the charge should be proceeded with, or<\/p>\n<p>(iii) subject to this section and to regulations made under section 184, deal with the charge summarily.<\/p>\n<p>(b) In the case of a charge against a person referred to in subsection (1) of this section for a scheduled offence specified in Part II of the Eleventh Schedule to this Act, dismissal of the charge under subparagraph (i) of paragraph (a) of this subsection or the decision to dispose of the charge summarily under subparagraph (iii) of the said paragraph (a) shall be subject to the prior consent of the Director and where the Director refuses consent in any such case the person shall be remanded for trial by court-martial.<\/p>\n<p>(3) (a) Where a person is charged with an offence other than a scheduled offence, the commanding officer investigating the charge shall\u2014<\/p>\n<p>(i) subject to the prior consent of the Director, dismiss the charge if he considers that it should not be proceeded with, or<\/p>\n<p>(ii) remand the person for trial by court-martial.<\/p>\n<p>(b) Where the Director refuses consent to the dismissal of the charge concerned, the person charged shall be remanded for trial by court-martial.<\/p>\n<p>(4) Where a person is remanded under this section for trial by court-martial, the matter shall be referred to the Director for his directions.<\/p>\n<p>(5) Where a person referred to in subsection (1) of this section is charged with an offence for which the person would be required on conviction to be sentenced to imprisonment for life and the charge is investigated under this section, the person may, if he so wishes, be represented by counsel (within the meaning of section 196) or by an officer subject to military law.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F181<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 24, S.I. No. 254 of 2008, subject to transitional provisions in s. 3 and sch. 1, para. 3 .<\/p>\n<p>Editorial Notes:<\/p>\n<p>E37<br \/>\nPrevious affecting provision: section amended (24.06.1987) by Defence (Amendment) Act 1987 (8\/1987), s. 3(2), commenced on enactment, subject to transitional provision in s. 16; substituted as per F-note above.<\/p>\n<p>Section 178A<br \/>\nF182[Notice.<\/p>\n<p>178A.\u2014 Where a charge against a person referred to in section 178(1) is to be investigated by a commanding officer, the person charged shall be entitled to receive, in the prescribed manner, at least 24 hours before the charge is to be so investigated\u2014<\/p>\n<p>(a) written notice in the prescribed form of the date on which and the time and place at which the charge is to be so investigated, and<\/p>\n<p>(b) a copy of the charge sheet containing particulars of the offence concerned, a list of the witnesses who will be giving evidence against the person and copies of any available evidence to be given against the person and of any witness statements.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F182<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 25, S.I. No. 254 of 2008.<\/p>\n<p>Section 178B<br \/>\nF183[Right to elect for trial by court-martial.<\/p>\n<p>178B.\u2014 (1) Before disposing of a charge summarily under section 178C, the commanding officer shall, in the prescribed manner\u2014<\/p>\n<p>(a) ask the person charged whether he elects to have the charge disposed of summarily by the commanding officer or to be tried by court-martial, and<\/p>\n<p>(b) inform the person charged that he may obtain legal advice regarding the matter of the election and, where the person wishes to obtain such legal advice, that the hearing shall be adjourned for such period as the commanding officer considers reasonable (which period shall not in any case be less than 48 hours).<\/p>\n<p>(2) Where the person charged elects to be tried by court-martial, whether or not the person obtains legal advice, the commanding officer shall remand the person for trial by court-martial and shall refer the charge to the Director for his directions but otherwise shall proceed to dispose of the charge summarily under section 178C and may do so then and there.<\/p>\n<p>(3) Where two or more charges are brought against the person concerned, an election for trial by court-martial in respect of any of the charges shall take effect as an election in respect of all of them.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F183<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 25, S.I. No. 254 of 2008, subject to transitional provisions in s. 3 and sch. 1, para. 3 .<\/p>\n<p>Section 178C<br \/>\nF184[Summary disposal by commanding officer.<\/p>\n<p>178C.\u2014 (1) This section applies where the person charged elects under section 178B to have the charge disposed of summarily by the commanding officer and, in the case of a scheduled offence specified in Part II of the Eleventh Schedule to this Act, the Director has consented to the charge being disposed of summarily.<\/p>\n<p>(2) The commanding officer may, subject to subsection (5) of this section, dismiss the charge at any stage of the hearing.<\/p>\n<p>(3) If the commanding officer determines that the charge has not been proved he shall dismiss the charge.<\/p>\n<p>(4) The commanding officer may, after hearing the evidence or without hearing the evidence, remand the person charged for trial by court-martial and, in that case, shall refer the matter to the Director for his directions.<\/p>\n<p>(5) After hearing the evidence or, if the person charged consents to the attendance of witnesses being dispensed with and admits the offence charged, having considered the available evidence, where the commanding officer makes a determination that the charge has been proved, he shall\u2014<\/p>\n<p>(a) record the determination, and<\/p>\n<p>(b) subject to subsection (7) of this section\u2014<\/p>\n<p>(i) in the case of a non-commissioned officer, award one of the following punishments:<\/p>\n<p>(I) reduction on the applicable scale of pay of the person by one increment from a specified date for a specified period not exceeding one year;<\/p>\n<p>(II) deferral for a specified period not exceeding one year of the next increment due to the person on the applicable scale of pay of that person;<\/p>\n<p>(III) a fine not exceeding an amount equal to seven days\u2019 pay of the person at the most recent applicable rate;<\/p>\n<p>(IV) severe reprimand;<\/p>\n<p>(V) reprimand,<\/p>\n<p>(ii) in the case of a private or a seaman, award one or, subject to subsection (6) of this section, a combination of the following punishments:<\/p>\n<p>(I) reduction on the applicable scale of pay of the person by one increment from a specified date for a specified period not exceeding one year;<\/p>\n<p>(II) deferral for a specified period not exceeding one year of the next increment due to the person on the applicable scale of pay of the person;<\/p>\n<p>(III) a fine not exceeding an amount equal to seven days\u2019 pay of the person at the most recent applicable rate;<\/p>\n<p>(IV) stoppage of local leave or shore leave, as the case may be, for a period or periods not exceeding a total of fourteen days, as may be prescribed under section 184;<\/p>\n<p>(V) additional duties as may be prescribed under section 184;<\/p>\n<p>(VI) a warning,<\/p>\n<p>(iii) in the case of a person subject to military law as a man pursuant to section 119(c) or (d), award one of the following punishments:<\/p>\n<p>(I) a fine not exceeding an amount equal to seven days\u2019 pay of the person at the most recent applicable rate;<\/p>\n<p>(II) a warning.<\/p>\n<p>(6) Where the person charged is a private or seaman, save as provided for by subsection (10) of this section, only the following combinations of punishments may be awarded by a commanding officer:<\/p>\n<p>(a) in the case where the commanding officer awards a fine under subparagraph (ii)(III) of paragraph (b) of subsection (5) of this section, he may also award\u2014<\/p>\n<p>(i) stoppage of local leave or shore leave under subparagraph (ii)(IV) of the said paragraph (b), or<\/p>\n<p>(ii) additional duties under subparagraph (ii)(V) of the said paragraph (b);<\/p>\n<p>or<\/p>\n<p>(b) in the case where the commanding officer awards stoppage of local leave or shore leave under subparagraph (ii)(IV) of paragraph (b) of subsection (5) of this section, he may also award additional duties under subparagraph (ii)(V) of the said paragraph (b).<\/p>\n<p>(7) Where the commanding officer records a determination that two or more charges against the person have been proved, he shall award a single punishment or combination of punishments in accordance with subsections (5) and (6) of this section in respect of the charges taken together.<\/p>\n<p>(8) The person charged may have an assisting person present at but not participating in the hearing before the commanding officer.<\/p>\n<p>(9) The evidence against the person charged taken before the commanding officer shall, if the person so demands, be taken on oath, and in that event there shall be administered to each witness the same oath or solemn declaration as that required to be taken by a witness before a court-martial, and for this purpose the commanding officer may administer oaths or solemn declarations.<\/p>\n<p>(10) Where the commanding officer makes a determination under this section that a charge has been proved and the offence charged occasioned any personal injury, expense, or loss or destruction of, or damage to, any property, the commanding officer may, instead of or in addition to any punishment which he is authorised by this section to award in respect of the offence, order that there shall be paid by the person charged, as compensation for the personal injury, expense, loss, damage or destruction so occasioned, to any person who has suffered such personal injury, expense, loss, damage or destruction, such sum as the commanding officer may direct not exceeding the lesser of\u2014<\/p>\n<p>(a) the amount required to make good such personal injury, expense, loss, damage or destruction, or<\/p>\n<p>(b) subject to subsection (11) of this section, an amount equal to twenty-eight days\u2019 pay of the person charged.<\/p>\n<p>(11) A compensation order under subsection (10) of this section may provide for payment of the compensation by such instalments and at such times as the commanding officer shall in all the circumstances consider reasonable subject to a maximum deduction of seven days\u2019 pay in any one calendar month.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F184<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 25, S.I. No. 254 of 2008.<\/p>\n<p>Section 178D<br \/>\nF185[Remand for trial by court-martial.<\/p>\n<p>178D.\u2014 (1) Where the person charged is remanded for trial by court-martial under section 178(2)(a)(ii) or 178C and the matter is referred to the Director for his directions, the Director may direct that the charge (with such alterations, amendments, additions, substitutions and additional charges as he thinks fit) be referred back to the commanding officer and the commanding officer shall either dismiss or, subject to the right to elect to be tried by court-martial pursuant to section 178B, dispose of the charge or charges so referred back summarily in accordance with section 178C.<\/p>\n<p>(2) Where the person charged\u2014<\/p>\n<p>(a) is remanded for trial by court-martial under section 178(2)(a)(ii) or 178C and no direction is given under subsection (1) of this section, or<\/p>\n<p>(b) is remanded for trial by court-martial under section 178 (other than under section 178(2)(a)(ii)) or 178B,<\/p>\n<p>the Director may\u2014<\/p>\n<p>(i) subject to section 192, in respect of the charge concerned (with such alterations, amendments, additions, substitutions and additional charges as he thinks fit)\u2014<\/p>\n<p>(I) direct that the matter be referred for trial by summary court-martial, or<\/p>\n<p>(II) direct that the Court-Martial Administrator convene a general court-martial or limited court-martial, as specified in his direction, to try the person charged,<\/p>\n<p>or<\/p>\n<p>(ii) withdraw the charge.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F185<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 25, S.I. No. 254 of 2008.<\/p>\n<p>Section 178E<br \/>\nF186[<\/p>\n<h4>Appeal to summary court-martial.<\/h4>\n<p>178E.\u2014 (1) This section and sections 178F and 178G shall apply in relation to a compensation order made under section 177C or 178C as they apply to a punishment awarded under the said section 177C or 178C, as the case may be, and for the purpose of such application references in this section and sections 178F and 178G to a punishment shall be construed as references to a compensation order.<\/p>\n<p>(2) A person in respect of whom, under section 177C or 178C\u2014<\/p>\n<p>(a) a charge has been disposed of summarily, and<\/p>\n<p>(b) a determination made and punishment awarded by an authorised officer or commanding officer, as the case may be,<\/p>\n<p>may appeal in the manner prescribed by court-martial rules to the summary court-martial against the determination or the punishment or both the determination and the punishment.<\/p>\n<p>(3) An appeal under this section shall be brought\u2014<\/p>\n<p>(a) within seven days beginning with the date on which the punishment was awarded (&#8220;the initial period&#8221;), or<\/p>\n<p>F187[(b) within such longer period as the summary court-martial may allow following an application made in that behalf to the summary court-martial before the end of the initial period.]<\/p>\n<p>(4) The respondent to an appeal under this section shall be the Director.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F186<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 26, S.I. No. 254 of 2008, subject to transitional provisions in s. 3 and sch. 1, para. 4(1).<\/p>\n<p>F187<br \/>\nSubstituted (4.04.2022) by Defence (Amendment) Act 2007 (33\/2021), s. 12, S.I. No. 179 of 2022.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E38<br \/>\nPower of military judge to refer question of law in an appeal made under section extended by Courts-Martial Appeals Act 1983(19\/1983), s. 22A, as inserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 11 and sch. 4, S.I. No. 254 of 2008.<\/p>\n<p>Section 178F<br \/>\nF188[<\/p>\n<h4>Hearing of appeal by summary court-martial.<\/h4>\n<p>178F.\u2014 (1) An appeal under section 178E against a determination shall be by way of\u2014<\/p>\n<p>(a) a rehearing of the charge, and<\/p>\n<p>(b) except where section 178G(2) applies, a rehearing as regards punishment.<\/p>\n<p>(2) An appeal under section 178E against punishment shall be by way of a rehearing as regards punishment.<\/p>\n<p>(3) The appellant may, if he so wishes, be represented at the hearing of the appeal by counsel (within the meaning of section 196) or by an officer subject to military law.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F188<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 26, S.I. No. 254 of 2008, subject to transitional provisions in s. 3 and sch. 1, para. 4(1).<\/p>\n<p>Section 178G<br \/>\nF189[<\/p>\n<h4>Powers of summary court-martial.<\/h4>\n<p>178G.\u2014 (1) At a rehearing of the charge concerned under section 178F, the summary court-martial may confirm or quash the determination concerned.<\/p>\n<p>(2) Where the summary court-martial quashes a determination, or where there is more than one determination, every determination, made in respect of the appellant, the summary court-martial shall quash the punishment which relates to that determination or, as the case may be, those determinations.<\/p>\n<p>(3) At a rehearing as regards punishment under section 178F, the summary court-martial may\u2014<\/p>\n<p>(a) confirm the punishment awarded,<\/p>\n<p>(b) quash that punishment, or<\/p>\n<p>(c) substitute any other punishment which it would have been within the powers of the authorised officer or commanding officer, as the case may be, who heard the charge against the appellant summarily, to award.<\/p>\n<p>(4) Where the summary court-martial substitutes a punishment under subsection (3)(c) of this section, the substituted punishment shall take effect on and from the date on which the original punishment was awarded or such other date as the military judge may order.<\/p>\n<p>(5) Where an appeal is made to the summary court-martial under section 178E, the military judge\u2014<\/p>\n<p>(a) shall, if requested by the appellant or the respondent, unless the military judge considers the request frivolous, and<\/p>\n<p>(b) may, without request,<\/p>\n<p>refer any question of law arising in that appeal to the Courts-Martial Appeal Court for determination in accordance with the Courts-Martial Appeals Act 1983.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F189<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 26, S.I. No. 254 of 2008, subject to transitional provisions in s. 3 and sch. 1, para. 4(1).<\/p>\n<p>Section 179<br \/>\nF190[Charges against privates and seamen.<\/p>\n<p>179.\u2014 (1) A commanding officer may, in accordance with regulations made under section 184, delegate to any officer under his command the power of disposing of charges against privates or seamen under the command of the commanding officer in respect of any of the scheduled offences specified in Part I of the Eleventh Schedule to this Act and every officer to whom such power is delegated shall, for the purposes of this section, be a subordinate officer.<\/p>\n<p>(2) A subordinate officer investigating a charge against a private or seaman, who is subject to military law, of having committed any of the offences referred to in subsection (1) of this section shall\u2014<\/p>\n<p>(a) dismiss the charge if, in his discretion, he considers that it should not be proceeded with, or<\/p>\n<p>(b) where the subordinate officer considers that the charge should be proceeded with, refer the charge to the commanding officer who shall deal with the charge in accordance with sections 178 to 178D, or<\/p>\n<p>(c) subject to this section and in accordance with regulations made under section 184, deal with the charge summarily.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F190<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 27, S.I. No. 254 of 2008.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E39<br \/>\nPrevious affecting provision: section amended (24.06.1987) by Defence (Amendment) Act 1987 (8\/1987), s. 3(3), commenced on enactment, subject to transitional provision in s. 16; substituted as per F-note above.<\/p>\n<p>Section 179A<br \/>\nF191[<\/p>\n<h4>Notice.<\/h4>\n<p>179A.\u2014 Where a subordinate officer proposes to investigate a charge against a private or seaman in respect of any of the offences referred to in section 179(1), the private or seaman shall be entitled to receive, in the prescribed manner, at least 24 hours before the charge is to be so investigated\u2014<\/p>\n<p>(a) written notice in the prescribed form of the date on which and the time and place at which the charge is to be so investigated, and<\/p>\n<p>(b) a copy of the charge sheet containing particulars of the offence concerned, a list of the witnesses who will be giving evidence against the person and copies of any available evidence to be given against the person and of any witness statements.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F191<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 28, S.I. No. 254 of 2008.<\/p>\n<p>Section 179B<br \/>\nF192[<\/p>\n<h4>Right to elect to have charge disposed of summarily by commanding officer.<\/h4>\n<p>179B.\u2014 (1) Before disposing of a charge summarily under section 179C, the subordinate officer shall, in the prescribed manner, ask the private or seaman whether he elects to have the charge disposed of summarily by the subordinate officer or to have the charge referred to the commanding officer and, if the private or seaman elects to have the charge so referred, the subordinate officer shall refer the charge to the commanding officer who shall deal with the charge in accordance with sections 178 to 178D but otherwise the subordinate officer shall proceed to dispose of the charge summarily under section 179C and may do so then and there.<\/p>\n<p>(2) Where two or more charges are brought against a private or seaman, an election to have any of the charges dealt with summarily by the commanding officer shall take effect as an election in respect of all of them.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F192<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 28, S.I. No. 254 of 2008.<\/p>\n<p>Section 179C<br \/>\nF193[<\/p>\n<h4>Summary disposal by subordinate officer.<\/h4>\n<p>179C.\u2014 (1) This section applies where a private or seaman elects under section 179B to have the charge disposed of summarily by the subordinate officer.<\/p>\n<p>(2) The subordinate officer may, subject to subsection (5) of this section, dismiss the charge at any stage of the hearing.<\/p>\n<p>(3) If the subordinate officer determines that the charge has not been proved he shall dismiss the charge.<\/p>\n<p>(4) The subordinate officer may, after hearing the evidence or without hearing the evidence, refer the charge to the commanding officer who shall deal with the charge in accordance with sections 178 to 178D.<\/p>\n<p>(5) After hearing the evidence or, if the private or seaman consents to the attendance of witnesses being dispensed with and admits the offence charged, having considered the available evidence, where the subordinate officer makes a determination that the charge has been proved, he shall\u2014<\/p>\n<p>(a) record the determination, and<\/p>\n<p>(b) subject to subsections (6) and (7) of this section, award one or a combination of the following punishments:<\/p>\n<p>(i) a fine not exceeding an amount equal to three days\u2019 pay of the private or seaman at the most recent applicable rate;<\/p>\n<p>(ii) stoppage of local leave or shore leave, as the case may be, for a period or periods not exceeding a total of seven days, as may be prescribed under section 184;<\/p>\n<p>(iii) additional duties as may be prescribed under section 184;<\/p>\n<p>(iv) a warning.<\/p>\n<p>(6) Save as provided for by subsection (10) of this section, only the following combinations of punishments may be awarded by a subordinate officer:<\/p>\n<p>(a) in the case where the subordinate officer awards a fine under subparagraph (i) of paragraph (b) of subsection (5) of this section, he may also award\u2014<\/p>\n<p>(i) stoppage of local leave or shore leave under subparagraph (ii) of the said paragraph (b), or<\/p>\n<p>(ii) additional duties under subparagraph (iii) of the said paragraph (b);<\/p>\n<p>or<\/p>\n<p>(b) in the case where the subordinate officer awards stoppage of local leave or shore leave under subparagraph (ii) of paragraph (b) of subsection (5) of this section, he may also award additional duties under subparagraph (iii) of the said paragraph (b).<\/p>\n<p>(7) Where the subordinate officer records a determination that two or more charges against the private or seaman have been proved, he shall award a single punishment or combination of punishments in accordance with subsections (5) and (6) of this section in respect of the charges taken together.<\/p>\n<p>(8) The private or seaman may have an assisting person present at but not participating in the hearing before the subordinate officer.<\/p>\n<p>(9) The evidence against the private or seaman taken before the subordinate officer shall, if the private or seaman so demands, be taken on oath, and in that event there shall be administered to each witness the same oath or solemn declaration as that required to be taken by a witness before a court-martial, and for this purpose the subordinate officer may administer oaths and solemn declarations.<\/p>\n<p>(10) Where the subordinate officer makes a determination under this section that a charge has been proved and the offence charged occasioned any personal injury, expense or loss or destruction of, or damage to, any property, the subordinate officer may, instead of or in addition to any punishment which he is authorised by this section to award in respect of the offence, order that there shall be paid by the private or seaman, as compensation for the personal injury, expense, loss, damage or destruction so occasioned, to any person who has suffered such personal injury, expense, loss, damage or destruction, such sum as the subordinate officer may direct not exceeding the lesser of\u2014<\/p>\n<p>(a) the amount required to make good such personal injury, expense, loss, damage or destruction, or<\/p>\n<p>(b) an amount equal to seven days\u2019 pay of the private or seaman.<\/p>\n<p>(11) A compensation order under subsection (10) of this section may provide for payment of the compensation by such instalments and at such times as the subordinate officer shall in all the circumstances consider reasonable.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F193<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 28, S.I. No. 254 of 2008.<\/p>\n<p>Section 179D<br \/>\nF194[<\/p>\n<h4>Appeal to commanding officer.<\/h4>\n<p>179D.\u2014 (1) This section and section 179E shall apply in relation to a compensation order made under section 179C as they apply to a punishment awarded under the said section 179C, and for the purpose of such application references in this section and section 179E to a punishment shall be construed as references to a compensation order.<\/p>\n<p>(2) A private or seaman in respect of whom, under section 179C\u2014<\/p>\n<p>(a) a charge has been disposed of summarily, and<\/p>\n<p>(b) a determination made and punishment awarded by a subordinate officer,<\/p>\n<p>may appeal in the prescribed manner to a commanding officer against the determination or the punishment awarded (or both).<\/p>\n<p>(3) An appeal under this section shall be brought\u2014<\/p>\n<p>(a) within two days beginning on the date on which the punishment was awarded (&#8220;the initial period&#8221;), or<\/p>\n<p>(b) within such longer period as the commanding officer of the private or seaman concerned may allow, by leave given before the end of the initial period, which longer period shall not exceed five days beginning on the date on which the punishment was awarded.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F194<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 29, S.I. No. 254 of 2008, subject to transitional provisions in s. 3 and sch. 1, para. 4(2) .<\/p>\n<p>Section 179E<br \/>\nF195[<\/p>\n<h4>Hearing of appeals by commanding officer.<\/h4>\n<p>179E.\u2014 (1) An appeal under section 179D against a determination shall be by way of a rehearing of the charge and a rehearing as regards punishment.<\/p>\n<p>(2) An appeal under section 179D against punishment shall be by way of a rehearing as regards punishment.<\/p>\n<p>(3) The appellant is entitled to have an assisting person present at but not participating in the hearing of the appeal.<\/p>\n<p>(4) Subsections (2) to (11) of section 178C and section 178D shall apply, with any necessary modifications, to the hearing of an appeal under this section as they apply for the purpose of the summary disposal of a charge under the said section 178C.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F195<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 29, subject to transitional provisions in s. 3 and sch. 1, para. 4(2), S.I. No. 254 of 2008.<\/p>\n<p>Section 179F<br \/>\nF196[<\/p>\n<h4>Suspension of operation of certain punishments pending appeal.<\/h4>\n<p>179F.\u2014 The operation of a punishment awarded (other than stoppage of local leave or shore leave) or a compensation order made under this Chapter shall be suspended\u2014<\/p>\n<p>(a) in any case until the time for bringing an appeal (whether against the determination, punishment or compensation order, as the case may be) under section 178E or 179D has expired, and<\/p>\n<p>(b) in a case where the appeal is brought within that time, until the appeal or, in the case of an appeal under section 179D, any further appeal is finally determined (and the determination, punishment or compensation order, as the case may be, has been confirmed) or abandoned or the time for bringing any further appeal has expired.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F196<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 30, S.I. No. 254 of 2008.<\/p>\n<p>Section 180<\/p>\n<h4>Revision of summary awards.<\/h4>\n<p>180.\u2014F197[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F197<br \/>\nRepealed (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 4(1), S.I. No. 254 of 2008, subject to transitional provisions in s. 3 and sch. 1, para. 5.<\/p>\n<p>Section 181<\/p>\n<h4>Trial of accused without preliminary investigation.<\/h4>\n<p>181.\u2014(1) Where an offence against military law is alleged to have been committed by a person subject to military law and a court of inquiry has been held in respect of matters relating to the alleged offence, an officer having power to convene a court-martial may, if satisfied that there is prima facie evidence of the commission of such offence, order such person to be tried by court-martial without any previous investigation of the charge against such person.<\/p>\n<p>(2) Where a person is ordered to be tried by court-martial under subsection (1) of this section, a statement of the evidence of the witnesses proposed to be called for the prosecution at the trial and a copy of the proceedings and findings of the court of inquiry shall be delivered to him before the trial.<\/p>\n<p>Section 182<\/p>\n<h4>Confession of desertion or fraudulent enlistment.<\/h4>\n<p>182.\u2014(1) Where a man of the Permanent Defence Force or a man of the Reserve Defence Force F198[called out on permanent service or deployed on military service under section 91A] signs a confession that he has been guilty of the offence of desertion or of fraudulent enlistment, a prescribed military authority may by order dispense with his trial by court-martial, and may by such order or a subsequent order do any one or more of the following things, that is to say:\u2014<\/p>\n<p>(a) reduce him, if he holds a non-commissioned army rank, to any lower non-commissioned army rank or, if he holds a non-commissioned naval rank, to any lower non-commissioned naval rank;<\/p>\n<p>(b) forfeit in the prescribed manner his seniority of rank;<\/p>\n<p>(c) in case any expense, loss, damage or destruction is occasioned by the commission of such offence, direct that there shall be paid by him as compensation for such expense, loss, damage or destruction such sum (not exceeding the amount required to make good such expense, loss, damage or destruction) as may be specified in such order.<\/p>\n<p>(2) When a man of the Permanent Defence Force or a man of the Reserve Defence Force F198[called out on permanent service or deployed on military service under section 91A] signs a confession that he has been guilty of the offence of desertion or fraudulent enlistment and evidence of the truth or falsehood of such confession cannot then be conveniently obtained, the record of such confession signed by the commanding officer of the man shall be entered in the service books, and such man shall continue to do duty in the service corps in which he may then be serving or to which he may be transferred until he is discharged or, if he is a man of the Permanent Defence Force, is transferred to the Reserve Defence Force or until legal proof can be obtained of the truth or falsehood of such confession.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F198<br \/>\nSubstituted (4.04.2022) by Defence (Amendment) Act 2021 (33\/2021), s. 11, S.I. No. 179 of 2022.<\/p>\n<p>Section 183<\/p>\n<h4>Summoning of civilian witnesses before authorised officers and commanding officers.<\/h4>\n<p>183.\u2014(1) Every person not subject to military law required to give evidence before an authorised officer or a commanding officer investigating a charge under this Chapter may be summoned or ordered in the prescribed manner to attend as a witness before the authorised officer or the commanding officer.<\/p>\n<p>(2) If any person not subject to military law on being duly summoned or ordered to attend as a witness before an authorised officer or a commanding officer and after payment or tender of the reasonable expenses of his attendance makes default in attending, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F199[\u20ac2,000].<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F199<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 4(2) and sch. 2, S.I. No. 254 of 2008. A fine of \u20ac2,000 translates into a class C fine, not greater than \u20ac2,500, as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 6(3) and table ref. no. 1, S.I. No. 662 of 2010.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C50<br \/>\nApplication of section extended (24.06.1987) by Defence (Amendment) Act 1987 (8\/1987), s. 8(2), commenced on enactment.<\/p>\n<p>Production of documents in evidence.<\/p>\n<p>8.\u2014 &#8230;<\/p>\n<p>(2) A person summoned or ordered under section 183 (1) of the Principal Act to attend as a witness before an authorised officer or a commanding officer investigating a charge under Chapter IV of Part V of that Act may by letter signed by such authorised officer or commanding officer, as may be appropriate, be required to produce to such officer any document, record or other thing in the person\u2019s power or control being a document. record or other thing which is either specified in the letter or is of a class or description so specified and being in either case a document, record or other thing which such officer considers necessary for the purposes of the investigation.<\/p>\n<p>&#8230;<\/p>\n<p>Editorial Notes:<\/p>\n<p>E40<br \/>\nPower pursuant to section exercised (1.01.1955) by Defence Forces (Summoning of Civilian Witnesses) Regulations 1954 (S.I. No. 297 of 1954).<\/p>\n<p>E41<br \/>\nPrevious affecting provision: fine in subs. (2) increased (24.06.1987) by Defence (Amendment) Act 1987 (8\/1987), s. 2, item 7, commenced on enactment, subject to transitional provision in s. 16; further increased as per F-note above.<\/p>\n<p>F200[Regulations]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F200<br \/>\nInserted (21.04.2007) by Defence (Amendment) Act 2007 (24\/2007), s. 31, commenced as per s. 1(3).<\/p>\n<p>Section 184<br \/>\nF201[<\/p>\n<h4>Regulations in relation to investigation and summary disposal of charges.<\/h4>\n<p>184.\u2014 (1) For the purposes of this Chapter, the Minister may make regulations, not inconsistent with this Act, in relation to all or any of the following matters:<\/p>\n<p>(a) the investigation and summary disposal under this Chapter of charges against persons subject to military law, including the exercise of the right to elect for trial by court-martial, which regulations may include:<\/p>\n<p>(i) the practice and procedure to be followed;<\/p>\n<p>(ii) the form of notices and the giving of such notices under this Chapter;<\/p>\n<p>(iii) the summoning of witnesses and the production of relevant documents and other things;<\/p>\n<p>(iv) evidence;<\/p>\n<p>(v) the administration of oaths or solemn declarations to witnesses in a case where the person charged is subject to military law and demands that the witnesses be sworn;<\/p>\n<p>(b) where a person is remanded for trial by court-martial pursuant to this Chapter, the appointment of an officer to take a written summary of evidence in the case;<\/p>\n<p>(c) the officers in whom are to be vested the powers and duties of authorised officers and commanding officers and the officers in whom may be vested by delegation the powers and duties of subordinate officers;<\/p>\n<p>(d) the delegation to a subordinate officer of power to deal summarily with a case;<\/p>\n<p>(e) the making of an application to the Director to deal summarily with a charge against a person for an offence specified in Part II of the Eleventh Schedule to this Act;<\/p>\n<p>(f) the referral of charges for summary investigation to an authorised officer under section 177(2);<\/p>\n<p>(g) the reference back by the Director of charges for summary disposal;<\/p>\n<p>(h) the making and retention of records of proceedings and determinations made in respect of the investigation and summary disposal of charges;<\/p>\n<p>(i) the effective dates of, and the carrying into effect of, punishments awarded and compensation orders made under section 177C, 178C or 179C, as the case may be;<\/p>\n<p>(j) the stoppage of local leave or shore leave under section 178C or 179C, including the times at which any such stoppage may be imposed;<\/p>\n<p>(k) the additional duties which may be awarded by a commanding officer under section 178C or by a subordinate officer under section 179C, including the nature of those duties and the period for which and the times at which those duties may be performed which period shall not in any case exceed three hours per day for seven days;<\/p>\n<p>(l) the making of an appeal by a private or seaman to a commanding officer under section 179D;<\/p>\n<p>(m) any person, matter or thing referred to as prescribed or to be prescribed;<\/p>\n<p>(n) any other matter or thing necessary for carrying this Chapter into effect.<\/p>\n<p>(2) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under the regulation.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F201<br \/>\nSubstituted (21.04.2007) by Defence (Amendment) Act 2007 (24\/2007), s. 31, commenced on enactment as per s. 1(3).<\/p>\n<p>Editorial Notes:<\/p>\n<p>E42<br \/>\nPrevious affecting provision: power pursuant to section exercised (1.09.2008) by Rules of Procedure (Defence Forces) 2008 (S.I. No. 204 of 2008); revoked (2.12.2019) by Rules of Procedure (Defence Forces) 2019 (S.I. No. 555 of 2019), rule 73(1) and sch., in effect as per rule 1(2), subject to transitional provision in rule 73(2).<\/p>\n<p>E43<br \/>\nPower pursuant to section exercised (1.01.1955) by Defence Forces (Summoning of Civilian Witnesses) Regulations 1954 (S.I. No. 297 of 1954).<\/p>\n<p>Chapter IVA<\/p>\n<p>Court-Martial Administrator<\/p>\n<p>Section 184A<\/p>\n<h4>Appointment of Court-Martial Administrator.<\/h4>\n<p>184A.\u2014 (1) An officer of the Permanent Defence Force not below the army rank of colonel or the equivalent naval rank may by warrant of the Judge Advocate-General be appointed as the Court-Martial Administrator.<\/p>\n<p>(2) A warrant under this section may be made subject to such restrictions, reservations, exceptions and conditions as the Judge Advocate-General thinks fit including terms and conditions relating to the delegation by the Court-Martial Administrator of his functions under this Act.<\/p>\n<p>(3) A warrant under this section\u2014<\/p>\n<p>(a) may be addressed to an officer by name or by designation of his office or partly in one way and partly in another, and<\/p>\n<p>(b) may or may not, according to the terms of the warrant and the mode in which it is addressed\u2014<\/p>\n<p>(i) be limited to an officer named, or<\/p>\n<p>(ii) be extended to a person for the time being performing the duties of the office named, or<\/p>\n<p>(iii) be extended to the successors in office of an officer.<\/p>\n<p>(4) The Court-Martial Administrator shall be independent in the performance of his functions.<\/p>\n<p>(5) The Court-Martial Administrator shall neither report on, nor be the subject of any report in respect of, the performance of his functions under this Act.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F202<br \/>\nInserted (21.04.2007) by Defence (Amendment) Act 2007 (24\/2007), s. 32, commenced as per s. 1(3).<\/p>\n<p>Section 184B<br \/>\nF203[<\/p>\n<h4>Functions of Court-Martial Administrator.<\/h4>\n<p>184B.\u2014 (1) The Court-Martial Administrator shall manage and control generally the administration and business of courts-martial and shall perform such other functions as may be specified or prescribed by or under this Act.<\/p>\n<p>(2) The Court-Martial Administrator shall act under the general supervision of the Judge Advocate-General.<\/p>\n<p>(3) The Court-Martial Administrator shall provide to the Judge Advocate-General such information in relation to the performance of his functions as the Judge Advocate-General may from time to time require.<\/p>\n<p>(4) The Court-Martial Administrator shall\u2014<\/p>\n<p>(a) as directed by the Director under this Part, convene general courts-martial and limited courts-martial and refer any charge or other matter to the summary court-martial, and<\/p>\n<p>(b) in the case of a general court-martial or limited court-martial, specify the members of the court-martial board.<\/p>\n<p>(5) Subject to the terms of the warrant under section 184A, the functions of the Court-Martial Administrator may be delegated by him from time to time to any other person or persons or class or classes of persons for such purposes as may be specified in the warrant.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F203<br \/>\nInserted (21.04.2007) by Defence (Amendment) Act 2007 (24\/2007), s. 32, commenced as per s. 1(3).<\/p>\n<p>Chapter IVB<\/p>\n<h4>Director of Military Prosecutions<\/h4>\n<p>Section 184C<br \/>\nF204[<\/p>\n<h4>Appointment of Director of Military Prosecutions.<\/h4>\n<p>184C.\u2014 (1) Subject to this Chapter, the Government shall appoint an officer of the Permanent Defence Force F205[, or a qualified person other than an officer of the Permanent Defence Force,] to be the Director of Military Prosecutions (in this Act referred to as the &#8220;Director&#8221;).<\/p>\n<p>(2) Subject to this Chapter, an officer F206[, or a person other than an officer of the Permanent Defence Force,] who is a practising barrister or practising solicitor of not less than 10 years standing shall be qualified for appointment as the Director.<\/p>\n<p>(3) For the purposes of this section service for any period in a position in the full-time service of the State (including as a member of the Permanent Defence Force and as a civil servant within the meaning of the Civil Service Regulation Act 1956) for which qualification as a barrister or solicitor was a requirement shall be deemed to be practice as a barrister or a solicitor, as the case may be, for that period and an officer, while holding that position, shall be deemed to be a practising barrister or a practising solicitor, as the case may be.<\/p>\n<p>F207[(3A) For the purposes of this section\u2014<\/p>\n<p>(a) service, in respect of which a determination has been made in accordance with section 184D(3A), shall be deemed to be practice as a barrister or a solicitor, as the case may be, for the period to which that service relates, and<\/p>\n<p>(b) the officer in respect of whom that service relates shall be deemed to be a practising barrister or a practising solicitor, as the case may be, while holding the position to which that service relates.]<\/p>\n<p>F208[(3B) For the purposes of this section, having regard to the appointment of a person other than an officer of the Permanent Defence Force\u2014<\/p>\n<p>(a) service for any period in a position in the full-time service of the State (including as a member of the Permanent Defence Force and as a civil servant within the meaning of the Civil Service Regulation Act 1956) for which qualification as a barrister or solicitor was a requirement shall be deemed to be practice as a barrister or a solicitor, as the case may be, for that period, and<\/p>\n<p>(b) a person, other than an officer of the Permanent Defence Force, while holding that position, shall be deemed to be a practising barrister or a practising solicitor, as the case may be.]<\/p>\n<p>(4) The Director shall not be below the army rank of colonel or the equivalent naval rank.]<\/p>\n<p>F209[(5) Where a qualified person, referred to in subsection (1), is to be appointed under subsection (1) to be the Director that person shall, for the purposes of subsection (4), be nominated for appointment as a commissioned officer under section 42 at the rank specified in subsection (4).]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F204<br \/>\nInserted (21.04.2007) by Defence (Amendment) Act 2007 (24\/2007), s. 33, commenced as per s. 1(3).<\/p>\n<p>F205<br \/>\nInserted (9.11.2011) by Defence (Amendment) Act 2011 (17\/2011), s. 3(1), S.I. No. 568 of 2011.<\/p>\n<p>F206<br \/>\nInserted (9.11.2011) by Defence (Amendment) Act 2011 (17\/2011), s. 3(2), S.I. No. 568 of 2011.<\/p>\n<p>F207<br \/>\nInserted (9.11.2011) by Defence (Amendment) Act 2011 (17\/2011), s. 3(3), S.I. No. 568 of 2011.<\/p>\n<p>F208<br \/>\nInserted (9.11.2011) by Defence (Amendment) Act 2011 (17\/2011), s. 3(4), S.I. No. 568 of 2011.<\/p>\n<p>F209<br \/>\nInserted (9.11.2011) by Defence (Amendment) Act 2011 (17\/2011), s. 3(5), S.I. No. 568 of 2011.<\/p>\n<p>Section 184D<br \/>\nF210[<\/p>\n<h4>Committee.<\/h4>\n<p>184D.\u2014 (1) For the purpose of identifying officers, F211[and persons other than officers,] and informing the Minister of their suitability for appointment as Director, there shall be established a committee consisting of\u2014<\/p>\n<p>(a) the Chief of Staff,<\/p>\n<p>(b) a Judge of the High Court, nominated by the President of the High Court, and<\/p>\n<p>(c) the Director of Public Prosecutions.<\/p>\n<p>(2) (a) In the case of the person specified in subsection (1)(b) of this section signifying at any time unwillingness or inability to act for any period as a member of the committee, the President of the High Court may nominate any other available Judge of the High Court to be a member of the committee in place of that person for that period.<\/p>\n<p>(b) In the case of the Director of Public Prosecutions signifying at any time unwillingness or inability to act for any period as a member of the committee, the Minister may, after consultation with the Attorney General, appoint as a member of the committee in place of the Director of Public Prosecutions, for that period, a practising barrister nominated by the General Council of the Bar of Ireland or a practising solicitor nominated by the Law Society of Ireland.<\/p>\n<p>(3) The committee may adopt such procedures as it considers appropriate to carry out its functions under this section.<\/p>\n<p>F212[(3A) A committee established under this section, having considered\u2014<\/p>\n<p>(a) the service of an officer, other than an officer referred to in section 184C(3), who is a qualified barrister or solicitor in a position in the full-time service of the State (including as a member of the Permanent Defence Force and as a civil servant within the meaning of the Civil Service Regulation Act 1956) for any period following that qualification, and<\/p>\n<p>(b) the duties and role discharged by the officer in relation to the service, during that period,<\/p>\n<p>may determine that it is satisfied that\u2014<\/p>\n<p>(i) such duties and role are substantially similar in substance and effect to those discharged by an officer referred to in section 184C(3), and<\/p>\n<p>(ii) such duties and role were carried out by the officer on a day to day basis throughout that period.]<\/p>\n<p>(4) The committee shall, whenever so requested by the Minister, select an officer or officers, F213[or, as the case may be, one, or more than one, person other than an officer,] for appointment under section 184C and shall inform the Minister of the selection made and of his or their suitability for the appointment.<\/p>\n<p>(5) The Government shall not appoint F214[an officer, or a person other than an officer, to be the Director unless the officer, or person,] was selected or amongst those selected by the committee pursuant to a request under subsection (4) of this section in relation to that appointment, but\u2014<\/p>\n<p>(a) if the committee is unable to select F215[a suitable officer or person other than an officer,] pursuant to a particular request under that subsection, or<\/p>\n<p>(b) if the Government decide not to appoint to be the Director F216[the officer or any of the officers, or such person or any of such persons selected by the committee] pursuant to a particular request under that subsection,<\/p>\n<p>then either\u2014<\/p>\n<p>(i) the Government shall F217[ appoint an officer, or as the case may be, a person other than an officer, to be the Director,] who was selected or amongst those selected by the committee pursuant to a previous request (if any) under that subsection in relation to that appointment, or<\/p>\n<p>(ii) the Minister shall make a further request to the committee under that subsection and F218[the Government shall appoint an officer, or such person, to be the Director] who was selected or amongst those selected by the committee pursuant to that request or pursuant to another request under that subsection in relation to that appointment.<\/p>\n<p>(6) All proceedings of the committee and all communications to the committee shall be confidential and shall not be disclosed except for the purposes of this Chapter.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F210<br \/>\nInserted (21.04.2007) by Defence (Amendment) Act 2007 (24\/2007), s. 33, commenced as per s. 1(3).<\/p>\n<p>F211<br \/>\nInserted (9.11.2011) by Defence (Amendment) Act 2011 (17\/2011), s. 4(1), S.I. No. 568 of 2011.<\/p>\n<p>F212<br \/>\nInserted (9.11.2011) by Defence (Amendment) Act 2011 (17\/2011), s. 4(2), S.I. No. 568 of 2011.<\/p>\n<p>F213<br \/>\nInserted (9.11.2011) by Defence (Amendment) Act 2011 (17\/2011), s. 4(3), S.I. No. 568 of 2011.<\/p>\n<p>F214<br \/>\nSubstituted (9.11.2011) by Defence (Amendment) Act 2011 (17\/2011), s. 4(4)(a), S.I. No. 568 of 2011.<\/p>\n<p>F215<br \/>\nSubstituted (9.11.2011) by Defence (Amendment) Act 2011 (17\/2011), s. 4(4)(b), S.I. No. 568 of 2011.<\/p>\n<p>F216<br \/>\nSubstituted (9.11.2011) by Defence (Amendment) Act 2011 (17\/2011), s. 4(4)(c), S.I. No. 568 of 2011.<\/p>\n<p>F217<br \/>\nSubstituted (9.11.2011) by Defence (Amendment) Act 2011 (17\/2011), s. 4(4)(d), S.I. No. 568 of 2011.<\/p>\n<p>F218<br \/>\nSubstituted (9.11.2011) by Defence (Amendment) Act 2011 (17\/2011), s. 4(4)(e), S.I. No. 568 of 2011.<\/p>\n<p>Section 184E<br \/>\nF219[<\/p>\n<h4>Terms and conditions of appointment.<\/h4>\n<p>184E.\u2014 (1) Subject to this Chapter, the Director shall hold and vacate office on the terms and conditions determined by the Minister with the consent of the Minister for Finance.<\/p>\n<p>(2) The Director shall be independent in the performance of his functions.<\/p>\n<p>(3) The Director shall neither report on, nor be the subject of any report in respect of, the performance of his functions under this Act.<\/p>\n<p>(4) The Attorney General, the Director of Public Prosecutions and the Director may consult together from time to time in relation to matters pertaining to the functions of the Director.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F219<br \/>\nInserted (21.04.2007) by Defence (Amendment) Act 2007 (24\/2007), s. 33, commenced as per s. 1(3).<\/p>\n<p>Section 184F<br \/>\nF220[<\/p>\n<h4>Prosecuting officers.<\/h4>\n<p>184F.\u2014 (1) The Director may appoint officers to be prosecuting officers.<\/p>\n<p>(2) An officer shall not be appointed as a prosecuting officer unless, at the date of appointment under subsection (1) of this section, the officer is a barrister or solicitor.<\/p>\n<p>(3) A prosecuting officer shall hold and vacate office in accordance with the terms of his appointment.<\/p>\n<p>(4) A prosecuting officer may, unless the Director otherwise directs, exercise any function of the Director.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F220<br \/>\nInserted (21.04.2007) by Defence (Amendment) Act 2007 (24\/2007), s. 33, commenced as per s. 1(3).<\/p>\n<p>Section 184G<br \/>\nF221[<\/p>\n<h4>Prosecution of offences.<\/h4>\n<p>184G.\u2014 (1) This section applies where a charge has been referred to the Director under any of the provisions of this Act.<\/p>\n<p>(2) When a charge for an offence under this Act is referred to the Director he may exercise any of the powers conferred on him by any of the provisions of this Act.<\/p>\n<p>(3) Where the Director directs that a specified offence or offences be tried by court-martial, he shall also decide the class of court-martial that is to try the offence or offences concerned and shall direct the Court-Martial Administrator accordingly.<\/p>\n<p>(4) Where a direction has been given by the Director for the trial by court-martial of a person accused of an offence against military law, the offence shall be taken to be prosecuted at the suit of the Director who shall be responsible for the conduct of all prosecutions at court-martial, and accordingly the Director shall have, in respect of that offence, in addition to any other powers conferred on him by or under this Act, powers similar to those conferred by law on the Director of Public Prosecutions in respect of offences triable on indictment before a civil court.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F221<br \/>\nInserted (21.04.2007) by Defence (Amendment) Act 2007 (24\/2007), s. 33, commenced as per s. 1(3).<\/p>\n<p>Section 184H<br \/>\nF222[<\/p>\n<h4>Removal of Director from office.<\/h4>\n<p>184H.\u2014 (1) Subject to section 184I, the Director may be removed from office by the Government but only for stated reasons, including because\u2014<\/p>\n<p>(a) he has become incapable, through ill-health, either physical or mental, of effectively performing the functions of the office,<\/p>\n<p>(b) he has failed to perform the functions of the office with due diligence and effectiveness,<\/p>\n<p>(c) he has engaged in conduct that brings discredit on the office or that may prejudice the proper performance of the functions of the office, or<\/p>\n<p>(d) his removal from office would, in the Government\u2019s opinion, be in the best interests of the Defence Forces.<\/p>\n<p>(2) On notifying the Director under section 184I(1) that the Government intends to consider removing him from office, the Government may immediately suspend the Director from duty.<\/p>\n<p>(3) The suspension from duty continues until the Government makes a decision in relation to the matter under consideration, but only if there is no undue delay in taking steps under section 184I or in making that decision.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F222<br \/>\nInserted (21.04.2007) by Defence (Amendment) Act 2007 (24\/2007), s. 33, commenced as per s. 1(3).<\/p>\n<p>Section 184I<br \/>\nF223[<\/p>\n<h4>Steps to be taken before removal of Director.<\/h4>\n<p>184I.\u2014 (1) Before considering the Director\u2019s removal from office under section 184H the Government shall\u2014<\/p>\n<p>(a) notify the Director that the Government intends to consider the matter and include in the notice a statement of their reasons for doing so, and<\/p>\n<p>(b) give the Director an opportunity to make representations as to why he ought not to be removed from office.<\/p>\n<p>(2) The Government may, if they consider it necessary or appropriate to do so, appoint a Judge of the High Court nominated by the President of the High Court to\u2014<\/p>\n<p>(a) hold an inquiry into any matter giving rise to a notification under subsection (1) of this section, and<\/p>\n<p>(b) report to the Government on the findings of the inquiry.<\/p>\n<p>(3) A Judge of the High Court appointed under this section to hold an inquiry may do one or more of the following:<\/p>\n<p>(a) direct a person, by notice delivered to the person, to provide any information that is specified in the notice and is required for the purposes of the inquiry;<\/p>\n<p>(b) direct any person, by notice delivered to the person, to produce at the time and place specified in the notice a document specified in the notice that is relevant to the inquiry and is in the person\u2019s power or control;<\/p>\n<p>(c) summon witnesses to attend the inquiry;<\/p>\n<p>(d) direct a witness to answer a question put to the witness at the inquiry;<\/p>\n<p>(e) give any other direction that appears to the Judge appointed under this section to be necessary, just and reasonable for the purposes of the inquiry;<\/p>\n<p>(f) administer oaths and affirmations to witnesses and examine witnesses attending the inquiry.<\/p>\n<p>(4) A person whose evidence has been, is being, or is to be given before an inquiry under this section, or who produces or sends a document to the inquiry pursuant to a summons or direction, as the case may be, under subsection (3) of this section or who is required by such a summons or direction to give evidence or produce a document to the inquiry or to attend before the inquiry and there to give evidence or produce a document, shall be entitled to the same privileges and immunities as if the person were a witness before the High Court.<\/p>\n<p>(5) If a person fails or refuses to comply with or disobeys a summons or direction under subsection (3) of this section, the High Court may, on application by the Judge appointed under this section\u2014<\/p>\n<p>(a) order the person in relation to whom the application was made to comply with the direction or, in the case of a summons, to attend the inquiry, and<\/p>\n<p>(b) make such other (if any) order as it considers necessary and just to enable the direction to have full effect or, in the case of a summons, to ensure the attendance at the inquiry.<\/p>\n<p>(6) A person who\u2014<\/p>\n<p>(a) is notified under subsection (3) of this section and who, without lawful excuse, refuses or fails to comply with a direction under paragraph (a) or (b) of that subsection,<\/p>\n<p>(b) fails, without lawful excuse, to attend an inquiry in response to a summons under subsection (3)(c) of this section,<\/p>\n<p>(c) refuses to answer a question that the Judge of the High Court conducting the inquiry may legally direct the person to answer, or<\/p>\n<p>(d) does or omits to do in relation to the inquiry any other thing the doing or omission of which would, if the inquiry had been a proceeding in the High Court, have been contempt of that Court,<\/p>\n<p>is guilty of an offence and is liable on summary conviction to a fine not exceeding \u20ac3,000 or to imprisonment for a term not exceeding 6 months or both.<\/p>\n<p>(7) If an inquiry is held, the Government shall\u2014<\/p>\n<p>(a) consider the report on the findings of the inquiry,<\/p>\n<p>(b) make a copy of the report available to the Director whose removal from office is the subject of the report, and<\/p>\n<p>(c) give the Director an opportunity to make representations relating to the report.<\/p>\n<p>(8) As soon as practicable after the Director is removed from office under section 184H, the Minister shall cause a statement of the reasons for the removal to be laid before each House of the Oireachtas.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F223<br \/>\nInserted (21.04.2007) by Defence (Amendment) Act 2007(24\/2007), s. 33, commenced as per s. 1(3). A fine of \u20ac3,000 translates into a class B fine, not greater than \u20ac4,000, as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 5(3) and table ref. no. 1, S.I. No. 662 of 2010.<\/p>\n<p>Chapter IVC<\/p>\n<p>Military Judge<\/p>\n<p>Section 184J<\/p>\n<h4>Military judge.<\/h4>\n<p>184J.\u2014 (1) The President may appoint, on the advice of the Government, one, or more than one, qualified officer of the Permanent Defence Force, F225[or a qualified person other than an officer of the Permanent Defence Force,] to be a military judge.<\/p>\n<p>(2) An officer, F226[or a person other than an officer of the Permanent Defence Force,] who is a practising barrister or a practising solicitor of not less than 10 years standing shall be qualified for appointment as a military judge.<\/p>\n<p>(3) For the purposes of this section service for any period in a position in the full-time service of the State (including as a member of the Permanent Defence Force and as a civil servant within the meaning of the Civil Service Regulation Act 1956) for which qualification as a barrister or solicitor was a requirement shall be deemed to be practise as a barrister or a solicitor, as the case may be, for that period and an officer, while holding that position, shall be deemed to be a practising barrister or a practising solicitor, as the case may be.<\/p>\n<p>F227[(3A) For the purposes of this section\u2014<\/p>\n<p>(a) service, in respect of which a determination has been made in accordance with section 184K(2A), shall be deemed to be practice as a barrister or a solicitor as the case may be, for the period to which that service relates, and<\/p>\n<p>(b) the officer in respect of whom that service relates shall be deemed to be a practising barrister or a practising solicitor, as the case may be, while holding the position to which that service relates.]<\/p>\n<p>F228[(3B) For the purposes of this section, having regard to the appointment of a person other than an officer of the Permanent Defence Force\u2014<\/p>\n<p>(a) service for any period in a position in the full-time service of the State (including as a member of the Permanent Defence Force and as a civil servant within the meaning of the Civil Service Regulation Act 1956) for which qualification as a barrister or solicitor was a requirement shall be deemed to be practice as a barrister or a solicitor, as the case may be, for that period, and<\/p>\n<p>(b) a person other than an officer of the Permanent Defence Force, while holding that position, shall be deemed to be a practising barrister or a practising solicitor, as the case may be.]<\/p>\n<p>(4) The military judge, or where there is more than one military judge, the Chief Military Judge, shall not be below the army rank of colonel or the equivalent naval rank.]<\/p>\n<p>F229[(5) Where a qualified person, referred to in subsection (1), is to be appointed under subsection (1) to be a military judge that person shall, for the purposes of subsection (4), be nominated for appointment as a commissioned officer under section 42 at the rank specified in subsection (4).]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F224<br \/>\nInserted (21.04.2007) by Defence (Amendment) Act 2007 (24\/2007), s. 34, commenced as per s. 1(3).<\/p>\n<p>F225<br \/>\nInserted (9.11.2011) by Defence Amendment Act 2011(17\/2011), s. 5(1), S.I. No. 568 of 2011.<\/p>\n<p>F226<br \/>\nInserted (9.11.2011) by Defence (Amendment) Act 2011(17\/2011, s. 5(2), S.I. No. 568 of 2011.<\/p>\n<p>F227<br \/>\nInserted (9.11.2011) by Defence (Amendment) Act 2011(17\/2011), s. 5(3), S.I. No. 568 of 2011.<\/p>\n<p>F228<br \/>\nInserted (9.11.2011) by Defence (Amendment) Act 2011 (17\/2011), s. 5(4), S.I. No. 568 of 2011.<\/p>\n<p>F229<br \/>\nInserted (9.11.2011) by Defence (Amendment) Act 2011 (17\/2011) s. 5(5), S.I. No. 568 of 2011.<\/p>\n<p>Section 184K<br \/>\nF230[<\/p>\n<h4>Committee.<\/h4>\n<p>184K.\u2014 (1) For the purpose of identifying officers F231[, and persons other than officers,] and informing the Government of the suitability of those officers F232[, and such persons,] for appointment to judicial office, there shall be established a committee consisting of\u2014<\/p>\n<p>(a) the Chief of Staff,<\/p>\n<p>(b) the Judge Advocate-General, and<\/p>\n<p>(c) a Judge of the High Court, nominated by the President of the High Court.<\/p>\n<p>(2) The committee may adopt such procedures as it considers appropriate to carry out its functions under this section.<\/p>\n<p>F233[(2A) A committee established under this section, having considered\u2014<\/p>\n<p>(a) the service of an officer, other than an officer referred to in section 184J(3), who is a qualified barrister or solicitor in a position in the full-time service of the State (including as a member of the Permanent Defence Force and as a civil servant within the meaning of the Civil Service Regulation Act 1956) for any period following that qualification, and<\/p>\n<p>(b) the duties and role discharged by the officer in relation to the service, during that period,<\/p>\n<p>may determine that it is satisfied that\u2014<\/p>\n<p>(i) such duties and role are substantially similar in substance and effect to those discharged by an officer referred to in section 184J(3), and<\/p>\n<p>(ii) such duties and role were carried out by the officer on a day to day basis throughout that period.]<\/p>\n<p>(3) The committee shall, whenever so requested by the Minister, select an officer or officers F234[, or, as the case may be, one, or more than one, person other than an officer,] for appointment under this section and shall inform the Minister of the selection made and of his or their suitability for the appointment and the Government shall consider for appointment F235[the officer or officers, or such person or persons, so selected.]<\/p>\n<p>(4) The committee shall not submit or recommend the name of an officer F236[, or a person other than an officer,] to the Minister under this section unless F237[the officer or person concerned] satisfies the requirements of section 184J(2) as regards the proposed appointment, and the committee shall not recommend the name of the officer F238[, or a person other than an officer,] to the Minister unless, in the opinion of the committee F239[or person], the officer\u2014<\/p>\n<p>(a) has displayed in his or her practice as a barrister or solicitor, as the case may be, a degree of competence and a degree of probity appropriate to and consistent with the appointment as a military judge,<\/p>\n<p>(b) is suitable on grounds of character and temperament,<\/p>\n<p>(c) is otherwise suitable, and<\/p>\n<p>(d) complies with the requirements of subsection (5) of this section.<\/p>\n<p>(5) An officer F240[or a person other than an officer] who wishes to be considered for appointment under section 184J shall undertake in writing to the committee, if appointed as a military judge, to take such courses of training or education, or both, as may be required by the Judge Advocate-General.<\/p>\n<p>(6) All proceedings of the committee and all communications to the committee shall be confidential and shall not be disclosed except for the purposes of this Chapter.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F230<br \/>\nInserted (21.04.2007) by Defence (Amendment) Act 2007 (24\/2007), s. 34, commenced as per s. 1(3).<\/p>\n<p>F231<br \/>\nInserted (9.11.2011) by Defence (Amendment) Act 2011 (17\/2011), s. 6(1)(a), S.I. No. 568 of 2011.<\/p>\n<p>F232<br \/>\nInserted (9.11.2011) by Defence (Amendment) Act 2011 (17\/2011), ss. 6(1)(b), 12(3), S.I. No. 568 of 2011<\/p>\n<p>F233<br \/>\nInserted (9.11.2011) by Defence (Amendment) Act 2011 (17\/2011), s. 6(2), S.I. No. 568 of 2011.<\/p>\n<p>F234<br \/>\nInserted (9.11.2011) Defence (Amendment) Act 2011 (17\/2011), s. 6(3)(a), S.I. No. 568 of 2011.<\/p>\n<p>F235<br \/>\nSubstituted (9.11.2011) by Defence (Amendment) Act 2011 (17\/2011), s. 6(3)(b), S.I. No. 568 of 2011.<\/p>\n<p>F236<br \/>\nInserted (9.11.2011) by Defence (Amendment) Act 2011 (17\/2011), s. 6(4)(a), S.I. No. 568 of 2011.<\/p>\n<p>F237<br \/>\nSubstituted (9.11.2011) by Defence (Amendment) Act 2011 (17\/2011), s. 6(4)(b), S.I. No. 568 of 2011.<\/p>\n<p>F238<br \/>\nInserted (9.11.2011) by Defence (Amendment) Act 2011 (17\/2011), s. 6(4)(a), S.I. No. 568 of 2011.<\/p>\n<p>F239<br \/>\nInserted (9.11.2011) by Defence (Amendment) Act 2011 (17\/2011), s. 6(4)(c), S.I. No. 568 of 2011.<\/p>\n<p>F240<br \/>\nInserted (9.11.2011) by Defence (Amendment) Act 2011 (17\/2011), s. 6(5), S.I. No. 568 of 2011.<\/p>\n<p>Section 184L<br \/>\nF241[<\/p>\n<h4>Terms and conditions of appointment.<\/h4>\n<p>184L.\u2014 (1) Subject to this Chapter, a military judge shall hold and vacate office on and subject to the terms and conditions (including terms and conditions relating to remuneration and superannuation) determined by the Minister with the consent of the Minister for Finance.<\/p>\n<p>(2) A military judge shall be independent in the performance of his judicial functions under this Act.<\/p>\n<p>(3) A military judge shall not hold any other office or employment in respect of which remuneration is payable.<\/p>\n<p>(4) The remuneration of a military judge shall not be reduced during his continuance in office.<\/p>\n<p>(5) A military judge may at his own request be relieved of office by the President.<\/p>\n<p>(6) It shall be a condition of his appointment that a military judge\u2014<\/p>\n<p>(a) who is relieved of office by the President under subsection (5) of this section shall cease to be an officer,<\/p>\n<p>(b) who ceases to be an officer under any of the provisions of this Act shall cease to be a military judge,<\/p>\n<p>(c) who retires in accordance with the terms and conditions of his appointment under this Chapter shall cease to be an officer,<\/p>\n<p>(d) who is removed from office under section 184O, shall cease to be an officer.<\/p>\n<p>(7) Every officer appointed as a military judge under this Chapter shall, before entering upon his duties under this Act and in any case not later than 10 days after the date of his appointment, swear an oath or make a solemn declaration in the prescribed form which shall be administered by the Judge Advocate-General and a military judge who declines or neglects to swear an oath or make such a declaration shall be deemed to have vacated his office.<\/p>\n<p>(8) A military judge shall neither report on, nor be the subject of any report in respect of, the performance of his functions under this Act.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F241<br \/>\nInserted (21.04.2007) by Defence (Amendment) Act 2007(24\/2007), s. 34, commenced as per s. 1(3).<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C51<br \/>\nApplication of subs. (4) restricted (1.01.2012) by Financial Emergency Measures in the Public Interest (Amendment) Act 2011 (39\/2011), s. 4(2), S.I. No. 683 of 2011.<\/p>\n<p>Amendment of section 2 of Financial Emergency Measures in the Public Interest Act 2009.<\/p>\n<p>4.\u2014 &#8230;<\/p>\n<p>(2) The amendments effected by subsection (1) shall apply to a military judge appointed under Chapter IVC of Part V of the Defence Act 1954 notwithstanding section 184L(4) of that Act.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E44<br \/>\nPrevious affecting provision: power pursuant to section exercised (11.09.2012) by Defence Act 1954 (Military Judge) (Form of Oath and Solemn Declaration) Rules 2012 (S.I. No. 345 of 2012); revoked (2.12.2019) by Rules of Procedure (Defence Forces) 2019 (S.I. No. 555 of 2019), reg. 73(1) and sch., in effect as per reg. 1(2), subject to transitional provision in reg. 73(2).<\/p>\n<p>Section 184LA 184LA<br \/>\nF242[<\/p>\n<h4>Circuit Judge to perform functions of military judge in certain circumstances.<\/h4>\n<p>184LA.\u2014 (1) The Minister may, having consulted with the Minister for Justice and Equality, request the President of the Circuit Court to temporarily designate, under section 11A of the Act of 1947, one, or more than one, Circuit Judge to perform the functions of a military judge in all or any of the following circumstances:<\/p>\n<p>(a) where there is a vacancy for the position of military judge and no person has been appointed, under section 184J(1), as military judge;<\/p>\n<p>(b) where a military judge, appointed under section 184J(1), is ill, absent or otherwise unable to carry out his or her functions;<\/p>\n<p>(c) where a military judge appointed under section 184J cannot properly deal with any matter before him or her by reason of the fact that he or she has a personal interest in the matter or personal knowledge of the facts or the parties as might prejudice the hearing and determination of the matter;<\/p>\n<p>(d) without prejudice to paragraphs (a) to (c), any other circumstance in respect of which the Minister is satisfied that such temporary designation is necessary or appropriate.<\/p>\n<p>(2) Where a Circuit Judge has been temporarily designated under section 11A of the Act of 1947 pursuant to a request under this section, sections 184J, 184K, 184L, 184N, 184O and 184P shall not apply to such Circuit Judge.<\/p>\n<p>(3) Where a Circuit Judge has been temporarily designated under section 11A of the Act of 1947 pursuant to a request under this section, notwithstanding the definition of military judge in section 2, references in this Act, or any instrument made under it, to a military judge in relation to the carrying out of the functions of a military judge shall be construed in accordance with such temporary designation of such Circuit Judge and nothing in this Act, or any statutory instrument made under it, shall be construed as preventing such Circuit Judge from carrying out such functions of a military judge.<\/p>\n<p>(4) For the purposes of this Act, without prejudice to the generality of subsection (1), references to functions of a military judge includes the judicial functions referred to in section 240(1)(r), if any, as may be provided for in rules of procedure made under that section.<\/p>\n<p>(5) In this section, &#8220;functions of a military judge&#8221; means\u2014<\/p>\n<p>(a) the functions of a military judge under this Act and any instrument made under it, and under section 8 of the Defence (Amendment) Act 1987, and<\/p>\n<p>(b) the functions of a military judge under the Courts-Martial Appeals Act 1983 and any instrument made under that Act;<\/p>\n<p>(6) In this Act\u2014<\/p>\n<p>&#8220;Circuit Judge&#8221; has the meaning assigned to it by the Act of 1947;<\/p>\n<p>&#8220;President of the Circuit Court&#8221; shall be construed in accordance with section 9 of the Act of 1947.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F242<br \/>\nInserted (9.11.2011) by Defence (Amendment) Act 2011 (17\/2011), s. 7, S.I. No. 568 of 2011.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C52<br \/>\nMinister\u2019s functions under section transferred (13.03.2012) by Military Judge (Temporary Designation) (Transfer of Departmental Administration and Ministerial Functions) Order 2012 (S.I. No. 82 of 2012).<\/p>\n<p>3. (1) The function vested in the Minister for Justice and Equality under section 184LA (inserted by section 7 of the Defence (Amendment) Act 2011 (No. 17 of 2011)) of the Defence Act 1954 is transferred to the Minister for Communications, Energy and Natural Resources.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E45<br \/>\nTemporary designation of military judge provided for by Courts of Justice Act 1947 (20\/1947), s. 11A as inserted (9.11.2011) by Defence (Amendment) Act 2011 (17\/2011), s. 8, S.I. No. 568 of 2011.<\/p>\n<p>Section 184M<br \/>\nF243[<\/p>\n<h4>Functions of military judge.<\/h4>\n<p>184M.\u2014 A military judge shall preside at courts-martial and shall perform any other judicial functions that may be prescribed.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F243<br \/>\nInserted (21.04.2007) by Defence (Amendment) Act 2007 (24\/2007), s. 34, commenced as per s. 1(3).<\/p>\n<p>Section 184N<br \/>\nF244[<\/p>\n<h4>Chief Military Judge.<\/h4>\n<p>184N.\u2014 (1) The President may appoint, on the advice of the Government, a military judge to be the Chief Military Judge.<\/p>\n<p>(2) The Chief Military Judge shall have such functions as are prescribed including assignment of military judges to preside at courts-martial and to perform other judicial duties under this Act.<\/p>\n<p>(3) The Chief Military Judge may delegate any of the Chief Military Judge\u2019s functions to a military judge.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F244<br \/>\nInserted (21.04.2007) by Defence (Amendment) Act 2007 (24\/2007), s. 34, commenced as per s. 1(3).<\/p>\n<p>Section 184O<br \/>\nF245[<\/p>\n<h4>Removal of military judge from office.<\/h4>\n<p>184O.\u2014 (1) Subject to section 184P, a military judge may be removed from office by the President on the advice of the Government but only for stated reasons including because\u2014<\/p>\n<p>(a) he has become incapable, through ill-health, either physical or mental, of effectively performing the functions of the office,<\/p>\n<p>(b) he has failed to perform the functions of the office with due diligence and effectiveness,<\/p>\n<p>(c) he has engaged in conduct that brings discredit on the office or that may prejudice the proper performance of the functions of the office, or<\/p>\n<p>(d) his removal from office would, in the Government\u2019s opinion, be in the best interests of the Defence Forces.<\/p>\n<p>(2) On notifying a military judge under section 184P(1) that the Government intends to consider his removal from office, the Government may immediately suspend the military judge from duty.<\/p>\n<p>(3) The suspension from duty continues until the Government makes a decision in relation to the matter under consideration, but only if there is no undue delay in taking steps under section 184P or in making that decision.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F245<br \/>\nInserted (21.04.2007) by Defence (Amendment) Act 2007 (24\/2007), s. 34, commenced as per s. 1(3).<\/p>\n<p>Section 184P<br \/>\nF246[<\/p>\n<h4>Steps to be taken before removal of military judge.<\/h4>\n<p>184P.\u2014 (1) Before considering removal of a military judge from office under section 184O the Government shall\u2014<\/p>\n<p>(a) notify the military judge that the Government intends to consider the matter and include in the notice a statement of their reasons for doing so, and<\/p>\n<p>(b) give the military judge an opportunity to make representations as to why he ought not to be removed from office.<\/p>\n<p>(2) The Government may, if they consider it necessary or appropriate to do so, appoint a Judge of the High Court nominated by the President of the High Court to\u2014<\/p>\n<p>(a) hold an inquiry into any matter giving rise to a notification under subsection (1) of this section, and<\/p>\n<p>(b) report to the Government on the findings of the inquiry.<\/p>\n<p>(3) A Judge of the High Court appointed under this section to hold an inquiry may do one or more of the following:<\/p>\n<p>(a) direct a person, by notice delivered to the person, to provide any information that is specified in the notice and is required for the purposes of the inquiry;<\/p>\n<p>(b) direct any person, by notice delivered to the person, to produce at the time and place specified in the notice a document specified in the notice that is relevant to the inquiry and is in the person\u2019s power or control;<\/p>\n<p>(c) summon witnesses to attend the inquiry;<\/p>\n<p>(d) direct a witness to answer a question put to the witness at the inquiry;<\/p>\n<p>(e) give any other direction that appears to the Judge appointed under this section to be necessary, just and reasonable for the purposes of the inquiry;<\/p>\n<p>(f) administer oaths and affirmations to witnesses and examine witnesses attending the inquiry.<\/p>\n<p>(4) A person whose evidence has been, is being, or is to be given before an inquiry under this section, or who produces or sends a document to the inquiry pursuant to a summons or direction, as the case may be, under subsection (3) of this section or who is required by such a summons or direction to give evidence or produce a document to the inquiry or to attend before the inquiry and there to give evidence or produce a document, shall be entitled to the same privileges and immunities as if the person were a witness before the High Court.<\/p>\n<p>(5) If a person fails or refuses to comply with or disobeys a direction or summons under subsection (3) of this section, the High Court may, on application by the Judge appointed under this section\u2014<\/p>\n<p>(a) order the person in relation to whom the application was made to comply with the direction or, in the case of a summons, to attend the inquiry, and<\/p>\n<p>(b) make such other (if any) order as it considers necessary and just to enable the direction to have full effect or, in the case of a summons, to ensure the attendance at the inquiry.<\/p>\n<p>(6) A person who\u2014<\/p>\n<p>(a) is notified under subsection (3) of this section and who, without lawful excuse, refuses or fails to comply with a direction under paragraph (a) or (b) of that subsection,<\/p>\n<p>(b) fails, without lawful excuse, to attend an inquiry in response to a summons under subsection (3)(c) of this section,<\/p>\n<p>(c) refuses to answer a question that the Judge of the High Court conducting the inquiry may legally direct the person to answer, or<\/p>\n<p>(d) does or omits to do in relation to the inquiry any other thing the doing or omission of which would, if the inquiry had been a proceeding in the High Court, have been contempt of that Court,<\/p>\n<p>is guilty of an offence and is liable on summary conviction to a fine not exceeding \u20ac3,000 or to imprisonment for a term not exceeding 6 months or both.<\/p>\n<p>(7) If an inquiry is held, the Government shall\u2014<\/p>\n<p>(a) consider the report on the findings of the inquiry,<\/p>\n<p>(b) make a copy of the report available to the military judge whose removal from office is the subject of the report, and<\/p>\n<p>(c) give the military judge an opportunity to make representations relating to the report.<\/p>\n<p>(8) As soon as practicable after the military judge is removed from office under section 184O, the Minister shall cause a statement of the reasons for the removal to be laid before each House of the Oireachtas.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F246<br \/>\nInserted (21.04.2007) by Defence (Amendment) Act 2007 (24\/2007), s. 34, commenced as per s. 1(3). A fine of \u20ac3,000 translates into a class B fine, not greater than \u20ac4,000, as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 5(3) and table ref. no. 1, S.I. No. 662 of 2010.<\/p>\n<p>Chapter V.<\/p>\n<h4>Courts-martial.<\/h4>\n<p>Section 185<\/p>\n<h4>Acquittal or conviction to bar subsequent trial by court-martial.<\/h4>\n<p>185.\u2014F247[(1) Where a person subject to military law has been acquitted of an offence by a court-martial, he shall not be liable to be tried again by a court-martial in respect of that offence.]<\/p>\n<p>F248[(1A) Where a person subject to military law has been convicted of an offence by a court-martial, he shall not be liable to be tried again by a court-martial in respect of that offence unless the conviction has been quashed and a re-trial ordered by the Courts-Martial Appeal Court pursuant to the Criminal Procedure Act 1993.]<\/p>\n<p>(2) Where a person subject to military law has been acquitted or convicted of an offence by a competent civil court, he shall not be liable to be tried again by a court-martial in respect of that offence.<\/p>\n<p>(3) Where\u2014<\/p>\n<p>(a) a person subject to military law is charged with an offence against military law, and<\/p>\n<p>(b) the charge is dealt with under Chapter IV of this Part either by being dismissed or being summarily dealt with,<\/p>\n<p>such person shall not be liable to be tried by court-martial in respect of that offence.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F247<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 35(a), S.I. No. 254 of 2008.<\/p>\n<p>F248<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 35(b), S.I. No. 254 of 2008.<\/p>\n<p>Section 186<br \/>\nF249[<\/p>\n<h4>Classes of courts-martial.<\/h4>\n<p>186.\u2014 There shall be three classes of courts-martial, namely, general courts-martial, limited courts-martial and the summary court-martial.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F249<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 36, S.I. No. 254 of 2008.<\/p>\n<p>Section 187<br \/>\nF250[<\/p>\n<h4>Convening of courts-martial.<\/h4>\n<p>187.\u2014 (1) Where the Director directs that a specified offence or offences be tried by court-martial, the Court-Martial Administrator shall, subject to the directions of the Director, convene a general court-martial or limited court-martial, or refer the matter for trial by summary court-martial.<\/p>\n<p>(2) A court-martial may sit in any place whether within or outside the State.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F250<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 37, S.I. No. 254 of 2008.<\/p>\n<p>Section 187A<br \/>\nF251[<\/p>\n<h4>Summary court-martial.<\/h4>\n<p>187A.\u2014 (1) There shall be a court-martial to be known as the summary court-martial.<\/p>\n<p>(2) Every military judge is authorised to preside at a summary court-martial and a military judge who does so constitutes the summary court-martial.<\/p>\n<p>(3) The summary court-martial shall, subject to section 192, have jurisdiction to hear\u2014<\/p>\n<p>(a) charges or other matters referred to it by the Court-Martial Administrator as directed by the Director,<\/p>\n<p>(b) appeals under section 178E from determinations made, punishments awarded or compensation orders made under section 177C or 178C, and<\/p>\n<p>(c) applications for legal aid.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F251<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 38, S.I. No. 254 of 2008.<\/p>\n<p>F252<br \/>\nSubstituted by Defence Forces (Evidence) Act 2022 (16\/2022), s. 93(a)(i), (ii), not commenced as of date of revision.<\/p>\n<p>F253<br \/>\nInserted by Defence Forces (Evidence) Act 2022 (16\/2022), s. 93(a)(iii), (b), not commenced of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C53<br \/>\nProspective affecting provision: subss. 3(b), (c) amended and subss. (3)(d)-(i), (4) inserted by Defence Forces (Evidence) Act 2022 (16\/2022), s. 93, not commenced as of date of revision.<\/p>\n<p>187A.\u2014 &#8230;<\/p>\n<p>(3) The summary court-martial shall, subject to section 192, have jurisdiction to hear\u2014 &#8230;<\/p>\n<p>(b) appeals under section 178E from determinations made, punishments awarded or compensation orders made under section 177C or F252[or 178C,]<\/p>\n<p>(c) applications F252[for legal aid, and]<\/p>\n<p>F253[(d) applications under section 35 (1) of the Act of 2022,<\/p>\n<p>(e) appeals under section 37 (6) of the Act of 2022,<\/p>\n<p>(f) applications under section 45 (1) of the Act of 2022,<\/p>\n<p>(g) appeals under section 48 (6) of the Act of 2022,<\/p>\n<p>(h) appeals under section 52(11) of the Act of 2022, and<\/p>\n<p>(i) applications under section 60 of the Act of 2022.]<\/p>\n<p>F253[(4) In this section, \u201cAct of 2022\u201d means the Defence Forces (Evidence) Act 2022.]<\/p>\n<p>Section 188<br \/>\nSpecial powers of convening authorities.<\/p>\n<p>188.\u2014F254[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F254<br \/>\nRepealed (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 4(1), S.I. No. 254 of 2008.<\/p>\n<p>Section 189<br \/>\nF255[<\/p>\n<h4>General court-martial.<\/h4>\n<p>189.\u2014 (1) A general court-martial shall consist of\u2014<\/p>\n<p>(a) a military judge, and<\/p>\n<p>(b) save in the case of a general court-martial convened pursuant to subsection (8) or (11) of section 212A, a court-martial board of not less than five members specified by or on behalf of the Court-Martial Administrator.<\/p>\n<p>(2) Where the accused is an officer, the court-martial board shall include\u2014<\/p>\n<p>(a) an officer of the Permanent Defence Force not below the army rank of colonel or the equivalent naval rank and in any case not of a lower rank than the accused, and<\/p>\n<p>(b) not less than four other officers, none of whom shall be below the army rank of captain or the equivalent naval rank.<\/p>\n<p>(3) Where the accused is not an officer, the court-martial board\u2014<\/p>\n<p>(a) shall include\u2014<\/p>\n<p>(i) an officer of the Permanent Defence Force not below the army rank of colonel or the equivalent naval rank, and<\/p>\n<p>(ii) not less than three other officers, none of whom shall be below the army rank of captain or the equivalent naval rank,<\/p>\n<p>and<\/p>\n<p>(b) may include not more than one non-commissioned officer who shall not be below the army rank of battalion quarter-master sergeant or the equivalent naval rank and in any case not of a lower rank than the accused.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F255<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 39, S.I. No. 254 of 2008.<\/p>\n<p>Section 190<br \/>\nF256[<\/p>\n<h4>Limited court-martial.<\/h4>\n<p>190.\u2014 (1) A limited court-martial shall consist of\u2014<\/p>\n<p>(a) a military judge, and<\/p>\n<p>(b) save in the case of a limited court-martial convened pursuant to subsection (8) or (11) of section 212A, a court-martial board of not less than three members specified by or on behalf of the Court-Martial Administrator.<\/p>\n<p>(2) The court-martial board\u2014<\/p>\n<p>(a) shall include\u2014<\/p>\n<p>(i) an officer of the Permanent Defence Force not below the army rank of commandant or the equivalent naval rank, and<\/p>\n<p>(ii) at least one other officer who shall not be below the army rank of lieutenant or the equivalent naval rank,<\/p>\n<p>and<\/p>\n<p>(b) may include not more than one non-commissioned officer who shall not be below the army rank of battalion quarter-master sergeant or the equivalent naval rank and in any case not of a lower rank than the accused.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F256<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 40, S.I. No. 254 of 2008.<\/p>\n<p>Section 191<br \/>\nF257[<\/p>\n<h4>Membership of court-martial board.<\/h4>\n<p>191.\u2014 (1) None of the following persons may serve as a member of a court-martial board:<\/p>\n<p>(a) the Court-Martial Administrator or a member of his staff;<\/p>\n<p>(b) the Director or a member of his staff;<\/p>\n<p>(c) a member of the Defence Forces who has examined into or advised on the matters on which any charge against the accused is based;<\/p>\n<p>(d) a person who has been or may be summoned as a witness for the prosecution or the accused before the court-martial concerned;<\/p>\n<p>(e) a member of the Defence Forces who investigated the charge against the accused or took down any summary or abstract of evidence against the accused or who was a member of a court of inquiry inquiring into the matters on which the charge against the accused is based;<\/p>\n<p>(f) a member of the military police corps;<\/p>\n<p>(g) any member of the Defence Forces who is a barrister or solicitor;<\/p>\n<p>(h) any member of the Defence Forces who has a personal interest in the case;<\/p>\n<p>(i) any member of the Defence Forces who is not for the time being subject to military law;<\/p>\n<p>(j) an officer or non-commissioned officer who is serving in the same military chain of command as the accused.<\/p>\n<p>(2) A member of a court-martial board shall neither report on, nor be the subject of any report in respect of, the performance of his functions as such member under this Act.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F257<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 41, S.I. No. 254 of 2008.<\/p>\n<p>Section 192<\/p>\n<h4>Jurisdiction of courts-martial.<\/h4>\n<p>192.\u2014F258[(1) Subject to and in accordance with the provisions of this Act, a general court-martial, limited court-martial or summary court-martial shall, in addition to any other powers conferred on it by this Act, have jurisdiction to try and punish any person for an offence against military law committed by the person while subject to military law as an officer or as a man.]<\/p>\n<p>F259[(1A) In this section &#8220;relevant offence&#8221; means\u2014<\/p>\n<p>(a) the offence of treason or murder, or<\/p>\n<p>(b) an offence under section 3, as amended, of the Geneva Conventions Act 1962 or an offence under section 7 (genocide, crimes against humanity and war crimes) or 8 (ancillary offences) of the International Criminal Court Act 2006, or<\/p>\n<p>(c) manslaughter, rape, rape under section 4 (within the meaning of the Criminal Law (Rape) (Amendment) Act 1990) or aggravated sexual assault (within the meaning of the Criminal Law (Rape) (Amendment) Act 1990), or<\/p>\n<p>(d) an offence under the Criminal Justice (United Nations Convention against Torture) Act 2000, or<\/p>\n<p>(e) an offence under the Criminal Justice (Safety of United Nations Workers) Act 2000, or<\/p>\n<p>(f) an offence under the Criminal Justice (Terrorist Offences) Act 2005.<\/p>\n<p>(1B) A summary court-martial shall not have jurisdiction\u2014<\/p>\n<p>(a) to try any person who is for the time being an officer holding the army rank of lieutenant colonel or the equivalent naval rank or higher commissioned rank,<\/p>\n<p>(b) to try any person for a relevant offence,<\/p>\n<p>(c) to award to any person any sentence greater than imprisonment for a term of six months, or<\/p>\n<p>(d) in the case of an appeal under section 178E, to award any punishment greater than that awardable on summary disposal of the matter under section 177C or 178C, as appropriate.]<\/p>\n<p>F260[(2) A limited court-martial shall not have jurisdiction\u2014<\/p>\n<p>(a) to try any person for any offence against military law committed by the person while subject to military law as an officer,<\/p>\n<p>(b) to try any person who is for the time being an officer or a man of the army rank of battalion quarter-master sergeant or the equivalent naval rank or of any higher non-commissioned rank,<\/p>\n<p>(c) to try any person for a relevant offence, or<\/p>\n<p>(d) to award to any person any sentence greater than imprisonment for a term of two years.]<\/p>\n<p>F261[(3) Subject to subsection (3A) of this section, a general court-martial shall not have jurisdiction to try any person subject to military law for a relevant offence unless the offence was committed while the person was on active service or while the person was despatched for service outside the State for any purpose specified in section 3 of the Defence (Amendment) Act 2006.]<\/p>\n<p>F262[(3A) In the case of rape, rape under section 4 (within the meaning of the Criminal Law (Rape) (Amendment) Act 1990) or aggravated sexual assault (within the meaning of the Criminal Law (Rape) (Amendment) Act 1990), where the offence was committed by a person subject to military law who was neither on active service nor despatched for service outside the State for any purpose specified in section 3 of the Defence (Amendment) Act 2006 when the offence was committed, a general court-martial may try any person subject to military law on a charge of having committed that offence where\u2014<\/p>\n<p>(a) the person in respect of whom the offence was committed is, or was when the offence was committed, subject to military law, and has consented in writing to the trial of the offence by court-martial, and<\/p>\n<p>(b) the Director of Public Prosecutions has given his prior consent.]<\/p>\n<p>(4) (a) The Minister, with the concurrence of the Minister for Justice, may make regulations with regard to the exercise of the jurisdiction conferred on courts-martial by section 169 and may in particular by the regulations provide that the exercise of such jurisdiction shall depend on the consent of such civil authority as may be specified in the regulations.<\/p>\n<p>(b) A certificate under the hand of F263[the Director certifying that as respects the trial of a civil offence] the consent referred to in paragraph (a) of this subsection has been obtained shall be prima facie evidence of that fact.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F258<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 42(a), S.I. No. 254 of 2008.<\/p>\n<p>F259<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 42(b), S.I. No. 254 of 2008.<\/p>\n<p>F260<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 42(c), S.I. No. 254 of 2008.<\/p>\n<p>F261<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 42(d), S.I. No. 254 of 2008.<\/p>\n<p>F262<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 42(e), S.I. No. 254 of 2008.<\/p>\n<p>F263<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 42(f), S.I. No. 254 of 2008.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C54<br \/>\nApplication of subs. (4) restricted (21.12.1960) by Defence (Amendment) (No. 2) Act 1960 (44\/1960), s. 4(5), commenced on enactment, as amended (12.07.2006) by Defence (Amendment) Act 2006 (20\/2006) ss. 2 (non-textual amendment) and 9(c) (textual amendment), commenced on enactment.<\/p>\n<p>Amendments of the Principal Act.<\/p>\n<p>4.\u2014 &#8230;<\/p>\n<p>(5) Regulations made under subsection (4) of section 192 of the Principal Act and providing that the exercise of the jurisdiction conferred on courts-martial by section 169 of the Principal Act shall depend on the consent of a civil authority specified in the regulations shall not apply in relation to the exercise of that jurisdiction by a court-martial for the trial of a member of the Permanent Defence Force for an offence committed by him while serving outside the State with an International United Nations Force [or for any purpose specified in section 3 of the Defence (Amendment) Act 2006].<\/p>\n<p>&#8230;<\/p>\n<p>Defence (Amendment) Act 2006 (20\/2006):<\/p>\n<p>Application of certain provisions of Act of 1960 and Principal Act.<\/p>\n<p>2.\u2014 (1) Sections 2, 4 and 6 of the Act of 1960 shall apply and have effect as if each reference in any of those sections to an International United Nations Force were a reference to an International United Nations Force as defined in section 1 of this Act.<\/p>\n<p>(2) The provisions of the Principal Act specified in section 4 of the Act of 1960 as amended by this Act shall apply and have effect as if each reference in those provisions to an International United Nations Force were a reference to an International United Nations Force as defined in section 1 of this Act.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E46<br \/>\nPower pursuant to section exercised (1.01.1955) by Defence (Civil Authority with respect to Courts-Martial) Regulations 1954 (S.I. No. 250 of 1954).<\/p>\n<p>E47<br \/>\nPrevious affecting provision: subss. (2) and (3) amended (31.10.2006) by International Criminal Court Act 2006 (30\/2006), s. 66 and sch. 3, para. 1(b), commenced on enactment; subss. (2) and (3) substituted as per F-notes above.<\/p>\n<p>E48<br \/>\nPrevious affecting provision: subs. (3) amended (12.07.2006) by Defence (Amendment) Act 2006 (20\/2006), s. 7, commenced on enactment; subs. (3) substituted as per F-notes above.<\/p>\n<p>E49<br \/>\nPrevious affecting provision: subss. (2) and (3) amended (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2\/2005), s. 56(b) and (c), commenced on enactment; subss. (2) and (3) substituted as per F-notes above.<\/p>\n<p>E50<br \/>\nPrevious affecting provision: subss. (2) and (3) amended (28.06.2000) by Criminal Justice (Safety of United Nations Workers) Act 2000 (16\/2000), s. 6(b), commenced on enactment; subss. (2) and (3) substituted as per F-notes above.<\/p>\n<p>E51<br \/>\nPrevious affecting provision: subss. (2) and (3) amended (14.06.2000) by Criminal Justice (United Nations Convention Against Torture) Act 2000 (11\/2000), s. 6(b), commenced on enactment; subss. (2) and (3) substituted as per F-notes above.<\/p>\n<p>E52<br \/>\nPrevious affecting provision: subs. (2) amended (22.07.1997) by Criminal Law Act 1997 (14\/1997), s. 14 and sch. 2, para. 7, commenced as per s. 1; subs. (2) substituted as per F-note above.<\/p>\n<p>E53<br \/>\nPrevious affecting provision: term \u201cInternational United Nations Force\u201d interpreted (1.07.1993) by Defence (Amendment) Act 1993 (18\/1993), s. 3(2), commenced on enactment; repealed (12.07.2006) by Defence (Amendment) Act 2006 (20\/2006), s. 12 and sch., commenced on enactment.<\/p>\n<p>E54<br \/>\nPrevious affecting provision: subs. (3) amended (18.01.1991) by Criminal (Rape) (Amendment) Act 1990 (32\/1990), s. 19(b), commenced as per s. 22(3); subs. (3) substituted as per F-note above.<\/p>\n<p>E55<br \/>\nPrevious affecting provision: subs. (2) amended (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4(h), commenced on enactment; subs. (2) substituted as per F-note above.<\/p>\n<p>E56<br \/>\nPrevious affecting provision: subss. (2) and (3) amended (18.12.1973) by Genocide Act 1973 (28\/1973), s. 5, commenced on enactment; subss. (2) and (3) substituted as per F-notes above.<\/p>\n<p>Section 193<br \/>\nF264[<\/p>\n<h4>Dissolution of courts-martial.<\/h4>\n<p>193.\u2014 (1) This section applies to the dissolution of a general court-martial or limited court-martial.<\/p>\n<p>(2) The Court-Martial Administrator may dissolve a court-martial at any time before it has been sworn, where he considers that by reason of the exigencies of the service or for any other reason it is desirable to do so.<\/p>\n<p>(3) The military judge for a trial by court-martial may dissolve the court-martial at any time after it has been sworn where he considers it to be necessary or expedient in the interests of the administration of justice.<\/p>\n<p>(4) Where a court-martial has been sworn and the military judge dies or for any other reason is unavailable, the court-martial may be dissolved by another military judge or by the Court-Martial Administrator, as appropriate.<\/p>\n<p>(5) The military judge shall dissolve the court-martial\u2014<\/p>\n<p>(a) where, on account of the illness of the accused at any time before the finding, it is impossible, in the opinion of the military judge, to continue the trial within a reasonable time, or<\/p>\n<p>(b) where at any time after the court-martial is sworn, and before the finding, the number of members of the court-martial board is reduced below the minimum number of members required for the trial\u2014<\/p>\n<p>(i) by reason of the death of a member or the discharge of a member by the military judge owing to his being incapable through illness or any other cause of continuing to act as a member, or<\/p>\n<p>(ii) because the military judge directs that a member shall not serve or shall not continue to serve as a member where he considers that for any stated reason it is desirable in the interests of justice.<\/p>\n<p>(6) Where a court-martial is dissolved under this section, the accused may, on the directions of the Director, be retried by another court-martial in accordance with this Part.<\/p>\n<p>(7) For the purposes of subsection (5) of this section the minimum number of members of a court-martial board shall be\u2014<\/p>\n<p>(a) in the case of a general court-martial, 5 members (including the officer referred to in section 189(2)(a) or (3)(a)(i), as the case may be), and<\/p>\n<p>(b) in the case of a limited court-martial, 3 members (including the officer referred to in section 190(2)(a)(i)).]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F264<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 43, S.I. No. 254 of 2008.<\/p>\n<p>Section 194<br \/>\nF265[<\/p>\n<h4>Admission to courts-martial.<\/h4>\n<p>194.\u2014 (1) Subject to this section and to any other enactment, proceedings before a court-martial shall be held in public.<\/p>\n<p>(2) Where the military judge presiding at a court-martial is satisfied that because of the nature or circumstances of the case or otherwise in the interests of justice or the security of the State or of the Defence Forces that it is desirable to do so, he may do any one or more of the following:<\/p>\n<p>(a) exclude the public or any portion of the public or any particular person or persons from the court during the whole or any part of a trial;<\/p>\n<p>(b) prohibit the publication of information in relation to the proceedings or any particular part of them;<\/p>\n<p>(c) impose restrictions or limitations on publication.<\/p>\n<p>(3) In any proceedings for an offence which is, in the opinion of the military judge, of an indecent or obscene nature (including proceedings for rape, rape under section 4 (within the meaning of the Criminal Law (Rape) (Amendment) Act 1990) or sexual assault or aggravated sexual assault (both within the meaning of the Criminal Law (Rape) (Amendment) Act 1990), attempted aggravated sexual assault or sexual assault or aiding, abetting, counselling or procuring the offence of aggravated sexual assault or sexual assault or attempted aggravated sexual assault or sexual assault or of incitement to the offence of aggravated sexual assault or sexual assault or conspiracy to commit any of the foregoing offences), the military judge shall, subject to subsections (4) and (5) of this section, exclude from the court-martial during the trial all persons except officers of the court, persons directly concerned in the proceedings, bona fide representatives of the press and such other persons (if any) as the military judge may in his discretion permit to remain.<\/p>\n<p>(4) In any proceedings for an offence referred to in subsection (3) of this section\u2014<\/p>\n<p>(a) in the case of the accused person, an assisting person or, where the accused person so requests, a parent, relative or friend of the accused person shall be entitled to remain in court during the whole of the trial, and<\/p>\n<p>(b) in the case of a person in respect of whom the offence is alleged to have been committed, where the person so requests, a parent, relative or friend of the person shall be entitled to remain in court while that person is giving evidence as a witness before the court-martial.<\/p>\n<p>(5) In any proceedings to which subsection (2) or (3) of this section applies the findings and the sentence (if any) shall be announced in public.<\/p>\n<p>(6) Witnesses, other than the accused person, shall not be admitted to a trial, except when under examination or by specific leave of the military judge presiding at the trial concerned.<\/p>\n<p>(7) No persons other than the members of the court-martial board shall be present during any deliberations by the court-martial board as to its findings.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F265<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 44, S.I. No. 254 of 2008.<\/p>\n<p>Section 195<br \/>\nF266[<\/p>\n<h4>Divers matters of procedure.<\/h4>\n<p>195.\u2014 (1) A court-martial may adjourn from time to time and from place to place whenever the military judge considers adjournment desirable.<\/p>\n<p>(2) The military judge and, in the case of a general court-martial or a limited court-martial, the court-martial board, after it is sworn and before making its findings, if the military judge considers it appropriate, may view any place, person or thing which in the opinion of the military judge it is expedient for the purposes of the proceedings that he and, as the case may be, the court-martial board should see.<\/p>\n<p>(3) For the purposes of viewing any place, person or thing under subsection (2) of this section, the military judge shall give such directions as appear to him to be expedient for the purpose of preventing undue communication with the court-martial board during the viewing.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F266<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 45, S.I. No. 254 of 2008.<\/p>\n<p>Section 196<\/p>\n<h4>Counsel at courts-martial.<\/h4>\n<p>196.\u2014(1) The prosecutor at a court-martial may be represented by counsel.<\/p>\n<p>(2) Any person being tried by a court-martial may be represented by counsel or, if not represented by counsel, by an officer subject to military law.<\/p>\n<p>(3) Any conduct of counsel which would be liable to censure or would be contempt of court if it took place before the High Court shall be likewise deemed liable to censure or be deemed contempt of court in the case of a court-martial, and rules prescribed for practice of courts-martial and the guidance of counsel shall be binding on counsel appearing before such courts-martial and any wilful disobedience of such rules shall be professional misconduct and if persevered in be deemed contempt of court.<\/p>\n<p>(4) Where a counsel at a court-martial is guilty of conduct liable to censure or is guilty of contempt of court, the F267[military judge] may certify the offence of such counsel under his hand to the High Court, and the High Court may, after such inquiry as it thinks proper to make, punish or take steps for the punishment of such counsel in like manner as if he had been guilty of contempt of the High Court.<\/p>\n<p>(5) A court-martial may, by order under the hand of the F267[military judge], cause a counsel to be removed from the court who is guilty of such an offence as may in the opinion of the court require his removal from court, but in every such case the F267[military judge] shall certify the offence to the High Court under the immediately preceding subsection.<\/p>\n<p>(6) In this section, the word \u201ccounsel\u201d means a person who is either a barrister-at-law or a solicitor.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F267<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 4(2) and sch. 2, S.I. No. 254 of 2008.<\/p>\n<p>Section 197<br \/>\nF268[<\/p>\n<h4>Challenges by accused.<\/h4>\n<p>197.\u2014 (1) When a court-martial is assembled and before the members of the court-martial board are sworn, their names shall be read to the accused who shall then be asked if he objects to any of them and in the event of an objection the decision as to whether to allow the objection shall be made by the military judge in accordance with the procedure prescribed by court-martial rules.<\/p>\n<p>(2) The procedure for the replacement of a member of the court-martial board in respect of whom an objection has been allowed shall be as prescribed, subject to the same right of the accused to object to the member selected to fill the subsequent vacancy in accordance with subsection (1) of this section.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F268<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 46, S.I. No. 254 of 2008.<\/p>\n<p>Section 197A<br \/>\nF269[<\/p>\n<h4>Rulings and directions.<\/h4>\n<p>197A.\u2014 (1) Rulings and directions on questions of law, practice or procedure relative to the charge or trial shall be given by the military judge presiding at a court-martial.<\/p>\n<p>(2) Any rulings or directions given under subsection (1) of this section shall be binding on the court-martial concerned.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F269<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 47, S.I. No. 254 of 2008.<\/p>\n<p>Section 198<br \/>\nF270[<\/p>\n<h4>Courts-martial: findings and sentence.<\/h4>\n<p>198.\u2014 (1) Subject to the provisions of this section, in the case of a general court-martial or limited court-martial, a finding of guilty on any charge shall be decided by a majority of at least two-thirds of the members of the court-martial board, after the military judge has summed up the law and the evidence.<\/p>\n<p>(2) Where two-thirds of the members of the court-martial board is not a whole number, the next highest whole number shall be taken to be two-thirds for the purposes of subsection (1) of this section.<\/p>\n<p>(3) If the number of members of the court-martial board who vote for a guilty finding on any charge is less than that referred to in subsection (1) of this section the accused shall be acquitted of that charge.<\/p>\n<p>(4) The military judge presiding at a general court-martial or limited court-martial is not entitled to vote on the finding.<\/p>\n<p>(5) The military judge presiding at a court-martial shall determine the sentence.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F270<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 48, S.I. No. 254 of 2008.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E57<br \/>\nPrevious affecting provision: subs. (2) deleted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4(i), commenced on enactment; new subs. (2) substituted as per F-note above.<\/p>\n<p>Section 199<br \/>\nF271[<\/p>\n<h4>Swearing of court-martial.<\/h4>\n<p>199.\u2014 (1) When a court-martial board is constituted with the required number of persons who are not objected to or the objections to whom have not been allowed, an oath in the form prescribed by court-martial rules shall be administered by the person or persons so prescribed to\u2014<\/p>\n<p>(a) each member of the court-martial board, and<\/p>\n<p>(b) every interpreter and shorthand writer or other note-taker in attendance.<\/p>\n<p>(2) If a person required by this section to take an oath objects to taking an oath or is objected to as incompetent to take an oath, the military judge shall, if satisfied of the sincerity of the objection or, where the competence of a person to take an oath is objected to, of the oath having no binding effect on the conscience of that person, permit the person, instead of being sworn, to make a solemn declaration in the prescribed form, and for the purposes of this Act that declaration is deemed to be an oath.<\/p>\n<p>(3) For the purposes of this section, different forms of oath may be prescribed for members of a court-martial board, interpreters and shorthand writers or other note-takers, and different persons may be prescribed to administer oaths and to take declarations.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F271<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 49, S.I. No. 254 of 2008.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E58<br \/>\nPerson prescribed for the purposes of section (2.12.2019) by Rules of Procedure (Defence Forces) 2019 (S.I. No. 555 of 2019), rule 71, in effect as per rule 1(2), subject to transitional provision in para. (2).<\/p>\n<p>E59<br \/>\nPrevious affecting provision: person prescribed for purposes of section (1.09.2008) by Rules of Procedure (Defence Forces) 2008 (S.I. No. 204 of 2008), rule 73, in effect as per rule 1(2); revoked (2.12.2019) by Rules of Procedure (Defence Forces) 2019 (S.I. No. 555 of 2019), rule 73(1), in effect as per rule 1(2), subject to transitional provision in para. (2).<\/p>\n<p>Section 200<\/p>\n<h4>Evidence to be on oath.<\/h4>\n<p>200.\u2014(1) Every witness before a court-martial shall be examined on oath which the F272[\u2026] prescribed person shall administer in the prescribed form.<\/p>\n<p>(2) If a person by this Act required as witness before a court-martial, or otherwise in respect of a court-martial, to take an oath, objects to take an oath or is objected to as incompetent to take an oath, the court-martial shall, if satisfied of the sincerity of the objection or, where the competence of the person to take an oath is objected to, of the oath having no binding effect on the conscience of such person, permit such person, instead of being sworn, to make a solemn declaration in the prescribed form, and for the purposes of this Act such solemn declaration shall be deemed to be an oath.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F272<br \/>\nDeleted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 4(2) and sch. 2, S.I. No. 254 of 2008.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E60<br \/>\nPerson prescribed for the purposes of section (2.12.2019) by Rules of Procedure (Defence Forces) 2019 (S.I. No. 555 of 2019), rule 71, in effect as per rule 1(2), subject to transitional provision in para. (2).<\/p>\n<p>E61<br \/>\nPrevious affecting provision: person prescribed for purposes of section (1.09.2008) by Rules of Procedure (Defence Forces) 2008 (S.I. No. 204 of 2008), rule 73, in effect as per rule 1(2); revoked (2.12.2019) by Rules of Procedure (Defence Forces) 2019 (S.I. No. 555 of 2019), rule 73(1), in effect as per rule 1(2), subject to transitional provision in para. (2).<\/p>\n<p>Section 201<\/p>\n<h4>Evidence at courts-martial.<\/h4>\n<p>201.\u2014(1) The rules of evidence to be adopted in proceedings before courts-martial shall be the same as those which are for the time being followed in civil courts.<\/p>\n<p>(2) (a) In this subsection, the expression \u201csummary of evidence\u201d means evidence in relation to a charge against an accused taken down in writing in accordance with rules of procedure in that behalf.<\/p>\n<p>(b) Where a statement of evidence given on oath by a witness against an accused is contained in a summary of evidence\u2014<\/p>\n<p>(i) subject to subparagraph (ii) of this paragraph, the statement may be read as evidence at the trial of the accused by court-martial, if it is proved that\u2014<\/p>\n<p>(I) the witness is dead or insane or so ill as to be unable to attend the trial, and<\/p>\n<p>(II) the statement was made in the presence of the accused, and<\/p>\n<p>(III) the accused or his counsel or representative had an opportunity of cross-examining the witness,<\/p>\n<p>(ii) if the witness is insane or so ill as to be unable to attend the trial, the statement shall not be read without the accused\u2019s consent.<\/p>\n<p>(3) No person shall at any proceedings before a court-martial be required to answer any question or to produce any document which he could not be required to answer or produce in similar proceedings before a civil court.<\/p>\n<p>Section 202<br \/>\nF273[<\/p>\n<h4>Mental disorder at time of trial.<\/h4>\n<p>202.\u2014 (1) Where at the trial by court-martial of a person charged with an offence it appears that such person is by reason of mental disorder unfit to take his trial the following provisions, subject to subsection (4), shall have effect, that is to say:<\/p>\n<p>(a) F274[the military judge presiding at the court-martial] shall find specially that fact,<\/p>\n<p>(b) F275[the military judge, if he is] satisfied having heard evidence relating to the mental condition of the person given by a consultant psychiatrist that such person is suffering from a mental disorder (within the meaning of F276[the Mental Health Act 2001]) and is in need of in-patient care or treatment in a designated centre, shall commit him to a specified designated centre until an order is made under section 13 F277[or 13A] of the Criminal Law (Insanity) Act 2006.<\/p>\n<p>F278[(1A) In the case of a general court-martial or limited court-martial, the question of whether a person charged with an offence is fit to be tried shall be determined, and the finding shall be made, by the military judge sitting alone.]<\/p>\n<p>(2) F279[\u2026]<\/p>\n<p>(3) A person charged with an offence shall not be fit to take his trial if he is unable by reason of mental disorder to understand the nature or course of the proceedings so as to\u2014<\/p>\n<p>(a) plead to the charge,<\/p>\n<p>(b) instruct a legal representative,<\/p>\n<p>F280[(bb) in the case of a general court-martial or limited court-martial, object to a member of the court-martial board to whom he might wish to object,]<\/p>\n<p>(c) make a proper defence, or<\/p>\n<p>(d) understand the evidence.<\/p>\n<p>F281[(4) After the military judge presiding at a court-martial has found that a person charged with an offence is unfit to take his trial, the military judge may on application to him and without prejudice to any further proceedings allow evidence to be adduced before the court-martial as to whether or not that person did the act or made the omission alleged against him and if the summary court-martial or, in the case of a general court-martial or limited court-martial, the court-martial board, is satisfied that there is a reasonable doubt that the person committed that act or made the omission, the summary court-martial or the court-martial board, as the case may be, shall acquit him.]<\/p>\n<p>(5) In this section and in section 203 of this Act &#8220;mental disorder&#8221; and &#8220;designated centre&#8221; shall have the meanings respectively assigned to them by section 1 of the Criminal Law (Insanity) Act 2006, unless the context otherwise requires.]<\/p>\n<p>F282[(5) In this section and in section 203 &#8220;consultant psychiatrist&#8221; has the same meaning as in the Mental Health Act 2001.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F273<br \/>\nSubstituted (1.06.2006) by Criminal Law (Insanity) Act 2006 (11\/2006), s. 21, S.I. No. 273 of 2006.<\/p>\n<p>F274<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 50(a), S.I. No. 254 of 2008.<\/p>\n<p>F275<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 50(a), S.I. No. 254 of 2008.<\/p>\n<p>F276<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 50(a), S.I. No. 254 of 2008.<\/p>\n<p>F277<br \/>\nInserted (8.02.2011) by Criminal Law (Insanity) Act 2010 (40\/2010), s. 10(a), S.I. No. 50 of 2011.<\/p>\n<p>F278<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 50(b), S.I. No. 254 of 2008.<\/p>\n<p>F279<br \/>\nDeleted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 50(c), S.I. No. 254 of 2008.<\/p>\n<p>F280<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 50(d), S.I. No. 254 of 2008.<\/p>\n<p>F281<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 50(e), S.I. No. 254 of 2008.<\/p>\n<p>F282<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 50(f), S.I. No. 254 of 2008.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E62<br \/>\nDefence (Amendment) Act 2007 (24\/2007), s. 50(f) (1.09.2008) inserts a second subs. (5), see F-note above.<\/p>\n<p>E63<br \/>\nProvision for review of detention under section made (1.06.2006) by Criminal Law Insanity Act 2006 (11\/2006), s. 13, S.I. No. 273 of 2006, as amended.<\/p>\n<p>E64<br \/>\nPrevious affecting provision: section amended (29.06.1983) by Courts-Martial Appeals Act 1983 (19\/1983), s. 5, commenced on enactment; substituted as per F-note above.<\/p>\n<p>Section 203<br \/>\nF283[<\/p>\n<h4>Mental disorder at time of commission of offence.<\/h4>\n<p>203.\u2014 (1) Where at the trial by court-martial of a person charged with an offence, F284[the summary court-martial, or in the case of a general court-martial or limited court-martial, the court-martial board, finds] that the person did the act or made the omission charged but, having heard evidence relating to his mental condition given by a consultant psychiatrist, finds that he was at the time when he did the act or made the omission suffering from a mental disorder and that the mental disorder was such that he should not be held responsible for the act or omission alleged by reason of the fact that\u2014<\/p>\n<p>(a) he did not know the nature and quality of the act he was doing, or<\/p>\n<p>(b) he did not know what he was doing was wrong, or<\/p>\n<p>(c) he was unable to refrain from committing the act or making the omission,<\/p>\n<p>F285[the summary court-martial, or in the case of a general court-martial or limited court-martial, the court-martial board, shall specially find] that the person is not guilty by reason of insanity.<\/p>\n<p>F286[(2) If the military judge presiding at the court-martial having considered any evidence adduced before the court-martial is satisfied that the person found not guilty by reason of insanity is suffering from a mental disorder (within the meaning of the Mental Health Act 2001) and is in need of in-patient care or treatment in a designated centre the military judge shall, after consultation with the clinical director of the designated centre concerned, commit him to a specified designated centre until an order is made under section 13 F287[or 13A] of the Criminal Law (Insanity) Act 2006.]<\/p>\n<p>F288[(2A) In this section &#8220;clinical director&#8221; shall have the same meaning as in section 1 of the Criminal Law (Insanity) Act 2006.]<\/p>\n<p>(3) F289[\u2026]]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F283<br \/>\nSubstituted (1.06.2006) by Criminal Law (Insanity) Act 2006 (11\/2006), s. 21, S.I. No. 273 of 2006.<\/p>\n<p>F284<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 51(a)(i), S.I. No. 254 of 2008.<\/p>\n<p>F285<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 51(a)(ii), S.I. No. 254 of 2008.<\/p>\n<p>F286<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 51(b), S.I. No. 254 of 2008.<\/p>\n<p>F287<br \/>\nInserted (8.02.2011) by Criminal Law (Insanity) Act 2010 (40\/2010), s. 10(b), S.I. No. 50 of 2011.<\/p>\n<p>F288<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 51(c), S.I. No. 254 of 2008.<\/p>\n<p>F289<br \/>\nDeleted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 51(d), S.I. No. 254 of 2008.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E65<br \/>\nProvision for appeal made by Courts-Martial Appeals Act 1983 (19\/1983), s. 19B(1)(b) and (3), as inserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 11 and sch. 4, pt. 1, S.I. No. 254 of 2008.<\/p>\n<p>E66<br \/>\nProvision for review of detention under section made (1.06.2006) by Criminal Law Insanity Act 2006 (11\/2006), s. 13, S.I. No. 273 of 2006, as amended.<\/p>\n<p>E67<br \/>\nPrevious affecting provision: section amended (29.06.1983) by Courts-Martial Appeals Act 1983 (19\/1983), s. 6, commenced on enactment; substituted as per F-note above.<\/p>\n<p>Section 203A<br \/>\nF290[Diminished responsibility.<\/p>\n<p>203A.\u2014 Section 6 of the Criminal Law (Insanity) Act 2006, shall apply with any necessary modifications to a person subject to military law who is tried by court-martial for murder as it applies to a person who is tried for murder.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F290<br \/>\nInserted (1.06.2006) by Criminal Law (Insanity) Act 2006 (11\/2006), s. 21, S.I. No. 273 of 2006.<\/p>\n<p>Section 203B<br \/>\nF291[<\/p>\n<h4>Appeals (mental disorder at time of trial).<\/h4>\n<p>203B.\u2014 (1) An appeal shall lie to the Courts-Martial Appeal Court (in this section and in sections 203C and 203D referred to as &#8220;the Court&#8221;) from a finding by a court-martial pursuant to section 202 that a person charged with an offence is unfit to take his trial.<\/p>\n<p>(2) Where the Court makes an order pursuant to section 19A (inserted by the Defence (Amendment) Act 2007) of the Courts-Martial Appeals Act 1983 that the appellant be tried or retried, as the case may be, by court-martial for the offence alleged, the appellant may, subject to the directions of the Director, be tried or retried for an offence other than the offence alleged in respect of which he was found unfit to take his trial being an offence of which he might be found guilty on a charge for the offence alleged.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F291<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 52, S.I. No. 254 of 2008.<\/p>\n<p>Section 203C<br \/>\nF292[<\/p>\n<h4>Appeals (not guilty by reason of insanity).<\/h4>\n<p>203C.\u2014 A person tried for an offence by court-martial and found not guilty by reason of insanity may appeal against the finding to the Court pursuant to section 19B (inserted by the Defence (Amendment) Act 2007) of the Courts-Martial Appeals Act 1983.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F292<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 52, S.I. No. 254 of 2008.<\/p>\n<p>Section 203D<br \/>\nF293[<\/p>\n<h4>Appeals (order of committal under section 202 or 203).<\/h4>\n<p>203D.\u2014 An appeal against a decision by a court-martial to make or not to make an order of committal under section 202(1)(b) or 203(2) shall lie at the instance of the person charged with the offence concerned or the Director to the Court pursuant to section 19C (inserted by the Defence (Amendment) Act 2007) of the Courts-Martial Appeals Act 1983.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F293<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 52, S.I. No. 254 of 2008.<\/p>\n<p>Section 204<\/p>\n<h4>Finding of acquittal.<\/h4>\n<p>204.\u2014A finding of acquittal by a court-martial, whether on all or any one or more of the charges with which the accused is charged, F294[\u2026] shall be pronounced at once in open court, and, if it relates to all the charges with which the accused is charged before the court-martial, the accused shall be released.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F294<br \/>\nDeleted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 4(2) and sch. 2, S.I. No. 254 of 2008.<\/p>\n<p>Section 205<\/p>\n<h4>Conviction for offence other than that charged.<\/h4>\n<p>205.\u2014(1) An accused charged before a court-martial with desertion may be found guilty of attempting to desert or of being absent without leave.<\/p>\n<p>(2) An accused charged before a court-martial with attempting to desert may be found guilty of being absent without leave.<\/p>\n<p>(3) An accused charged before a court-martial with any one of the offences mentioned in section 132 may be found guilty of any other offence mentioned in that section.<\/p>\n<p>(4) An accused charged before a court-martial with any one of the offences mentioned in section 133 may be found guilty of any other offence mentioned in that section.<\/p>\n<p>(5) An accused charged before a court-martial with stealing may be found guilty of embezzlement or fraudulently misapplying property.<\/p>\n<p>(6) An accused charged before a court-martial with embezzlement may be found guilty of stealing or fraudulently misapplying property.<\/p>\n<p>(7) An accused charged before a court-martial with any other offence against military law may, on failure of proof of an offence being committed under circumstances involving a higher degree of punishment, be found guilty of the same offence as being committed under circumstances involving a less degree of punishment.<\/p>\n<p>(8) Where an accused is charged before a court-martial with a civil offence and the charge is one upon which, if he had been tried by a civil court, he might have been found guilty of any other offence, the court-martial shall have power to find him guilty of that other offence.<\/p>\n<p>Section 205A<br \/>\nF295[<\/p>\n<h4>Effect of certain offences on persons in respect of whom committed.<\/h4>\n<p>205A.\u2014 (1) In determining the punishment to be awarded to a person for an offence to which this section applies, the military judge presiding at the court-martial concerned shall take into account, and may, where necessary, receive evidence or submissions concerning, any effect (whether long-term or otherwise) of the offence on the person in respect of whom the offence was committed.<\/p>\n<p>(2) This section applies to\u2014<\/p>\n<p>(a) a sexual offence within the meaning of the Criminal Evidence Act 1992 (as amended by the Criminal Law (Sexual Offences) Act 2006),<\/p>\n<p>(b) an offence involving violence or the threat of violence to a person, and<\/p>\n<p>(c) an offence consisting of attempting or conspiring to commit, or aiding, abetting, counselling, procuring or inciting the commission of, an offence mentioned in paragraph (a) or (b) of this subsection.<\/p>\n<p>(3) Where a military judge is determining the punishment to be awarded to a person for an offence to which this section applies, the military judge shall, upon application by the person in respect of whom the offence was committed, hear the evidence of the person in respect of whom the offence was committed as to the effect of the offence on that person.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F295<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 53, S.I. No. 254 of 2008.<\/p>\n<p>Section 206<\/p>\n<h4>Effective dates of sentences by courts-martial.<\/h4>\n<p>206.\u2014F296[(1) Subject to section 212A, every term of imprisonment or detention to which a person is sentenced by a court-martial, whether the person is already undergoing sentence or not, shall, save as otherwise expressly provided in this Act, be reckoned to commence on the day on which the sentence is signed by the military judge presiding at the court-martial or on such earlier date as the military judge may direct.]<\/p>\n<p>(2) Each of the following sentences\u2014<\/p>\n<p>(a) dismissal with F297[disgrace] from the Defence Forces,<\/p>\n<p>(b) dismissal from the Defence Forces,<\/p>\n<p>F298[(bb) reduction to a lower commissioned army rank, or to a lower commissioned naval rank,]<\/p>\n<p>(c) discharge with F297[disgrace] from the Defence Forces,<\/p>\n<p>(d) discharge from the Defence Forces,<\/p>\n<p>(e) reduction to a lower non-commissioned army rank, or to a lower non-commissioned naval rank,<\/p>\n<p>shall take effect on and from a date to be fixed in the manner prescribed.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F296<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 54, S.I. No. 254 of 2008.<\/p>\n<p>F297<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 4(2) and sch. 2, S.I. No. 254 of 2008.<\/p>\n<p>F298<br \/>\nInserted (24.06.1987) by Defence (Amendment) Act 1987 (8\/1987), s. 11, commenced on enactment.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C55<br \/>\nApplication of section restricted (29.06.1983) by Courts-Martial Appeals Act 1983 (19\/1983), s. 20(2), commenced on enactment.<\/p>\n<p>Convictions and sentences of the Court, etc.<\/p>\n<p>20.\u2014 &#8230;<\/p>\n<p>(2) Notwithstanding section 206 of the Act of 1954, the Court may by order provide for the date on which a sentence substituted by it, or passed by a court-martial and not varied by the Court, shall commence or take effect.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E68<br \/>\nPrevious affecting provision: subs. (1) amended (22.07.1997) by Criminal Law Act 1997 (14\/1997), s. 14 and sch. 2, para. 4, commenced as per s. 1; substituted as per F-note above.<\/p>\n<p>Section 207<\/p>\n<h4>Summoning and privilege of witnesses at courts-martial.<\/h4>\n<p>207.\u2014(1) Every person required to give evidence before a court-martial may be summoned or ordered to attend in the prescribed manner.<\/p>\n<p>(2) Every person attending in pursuance of such summons or order as a witness before any court-martial shall during his necessary attendance in or on such court-martial and in going to and returning from the same have the same privilege from arrest as if he were a witness before the High Court.<\/p>\n<p>F299[(3) For the purposes of this section and section 208 (except subsection (2) of section 208), references to a court-martial shall be deemed to include an officer taking a written summary of evidence in accordance with rules of procedure.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F299<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 55, S.I. No. 254 of 2008.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C56<br \/>\nApplication of section extended (24.06.1987) by Defence (Amendment) Act 1987 (8\/1987) s. 8(1), commenced on enactment, as amended (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 11 and sch. 4, pt. 2, S.I. No. 254 of 2008.<\/p>\n<p>Production of documents in evidence.<\/p>\n<p>8.\u2014 (1) A person summoned or ordered under section 207 of the Principal Act to give evidence before a court-martial may by letter signed by the [military judge presiding] at the court-martial be required to produce to such court-martial any document, record or other thing in his power or control being a document, record or other thing which is either specified in such letter or is of a class or description so specified and being in either case a document, record or other thing required as evidence at such court-martial.<\/p>\n<p>&#8230;<\/p>\n<p>Section 208<\/p>\n<h4>Contempt of court-martial.<\/h4>\n<p>208.\u2014F300[(1) If any person not subject to military law\u2014<\/p>\n<p>(a) having been duly summoned as a witness before a court-martial, without just cause or excuse disobeys the summons, or<\/p>\n<p>(b) being in attendance as a witness at a court-martial, without just cause or excuse fails or refuses to take an oath or make a solemn declaration when legally required by the court-martial to do so, or to produce any document, record or other thing in his power or control legally required by the court-martial to be produced by him, or to answer any question to which the court-martial may legally require an answer, or<\/p>\n<p>F301[(ba) fails, neglects or refuses to comply with a direction of the military judge under section 195, or<\/p>\n<p>(bb) wilfully gives evidence to a court-martial which is material to the court-martial and which he knows to be false or does not believe to be true, or<\/p>\n<p>(bc) by act or omission, obstructs or hinders the court-martial in the performance of its functions, or]<\/p>\n<p>F302[(c) does or omits to do any other thing, which, if the court-martial were a civil court having power to commit for contempt, would be contempt of that court,]<\/p>\n<p>the person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding F303[\u20ac3,000] or, at the discretion of the court, to imprisonment for a term not exceeding twelve months or to both such fine and such imprisonment.]<\/p>\n<p>F304[(1A) A prosecution for an offence under this section may be brought only by or with the consent of the Director of Public Prosecutions. ]<\/p>\n<p>(2) F305[(a) If any person subject to military law is guilty of contempt of a court-martial by using insulting or threatening language or by causing any interruption or disturbance in the proceedings of the court-martial, the military judge presiding at the court-martial, if he considers it expedient, instead of the offender being tried by court-martial, may by order under his hand\u2014<\/p>\n<p>(i) order the offender to be imprisoned, or, in the case of a man, to undergo detention, for a period not exceeding ninety days, or<\/p>\n<p>(ii) where the offender is a person subject to military law as an officer under section 118(1)(a), (b) or (c), award a fine not exceeding fourteen days\u2019 pay at the most recent rate payable, or<\/p>\n<p>(iii) where the offender is a person subject to military law as an officer under section 118(1)(d) or (e), award a fine not exceeding the maximum fine awardable for the time being by a court-martial to an officer holding the rank of second lieutenant who is in receipt of the maximum pay applicable to that rank, or<\/p>\n<p>(iv) where the offender is a person subject to military law as a man under section 119(a) or (b), award a fine of an amount not exceeding fourteen days\u2019 pay at the most recent rate payable, or<\/p>\n<p>(v) where the offender is a person subject to military law as a man under section 119(c) or (d), award a fine not exceeding the maximum fine awardable for the time being by a court-martial to a man holding the rank of private of the highest grade who is in receipt of the maximum pay applicable to that rank. ]<\/p>\n<p>(b) Chapter VII of this Part shall not apply to an order under paragraph (a) of this subsection.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F300<br \/>\nSubstituted (24.06.1987) by Defence (Amendment) Act 1987 (8\/1987), s. 12, commenced on enactment, subject to transitional provision in s. 16.<\/p>\n<p>F301<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 56(a), S.I. No. 254 of 2008.<\/p>\n<p>F302<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 56(a), S.I. No. 254 of 2008.<\/p>\n<p>F303<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 56(a), S.I. No. 254 of 2008. A fine of \u20ac3,000 translates into a class B fine, not greater than \u20ac4,000, as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 5(3) and table ref. no. 1, S.I. No. 662 of 2010.<\/p>\n<p>F304<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 56(b), S.I. No. 254 of 2008.<\/p>\n<p>F305<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 56(c), S.I. No. 254 of 2008.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E69<br \/>\nPrevious affecting provision: subs. (2)(a) amended (22.07.1997) by Criminal Law Act 1997 (14\/1997), s. 14 and sch. 2, para. 8, commenced as per s. 1; substituted as per F-note above.<\/p>\n<p>Chapter VI.<\/p>\n<p>Punishments awardable by Courts-martial for Offences against Military Law.<\/p>\n<p>Section 209<\/p>\n<h4>Punishments which may be awarded to officers by courts-martial.<\/h4>\n<p>209.\u2014F306[(1) Subject to section 192, punishments may be awarded in respect of offences against military law committed by persons subject to military law as officers and convicted by court-martial according to the following scale:<\/p>\n<p>SCALE.<\/p>\n<p>A. Imprisonment for life or any specified period.<\/p>\n<p>B. Dismissal with disgrace from the Defence Forces.<\/p>\n<p>C. Dismissal from the Defence Forces.<\/p>\n<p>D. Where the person convicted is an officer, reduction to any lower commissioned rank.<\/p>\n<p>E. Forfeiture of all seniority of rank or of a specified term of seniority.<\/p>\n<p>F. Reduction to any lower point on the scale of pay for the rank held.<\/p>\n<p>G. (a) In the case of a person subject to military law as an officer under section 118(1)(a), (b) or (c), a fine not exceeding fourteen days\u2019 pay of the person at the most recent rate payable.<\/p>\n<p>(b) In the case of a person subject to military law as an officer under section 118(1)(d) or (e), a fine not exceeding the maximum fine awardable for the time being by a court-martial to an officer holding the rank of second lieutenant who is in receipt of the maximum pay applicable to that rank.<\/p>\n<p>(c) In the case of a person who is not a member of the Defence Forces but who was an officer when the offence was committed, a fine not exceeding an amount equal to fourteen days\u2019 pay at the most recent rate applicable to his former rank.<\/p>\n<p>H. Severe reprimand.<\/p>\n<p>I. Reprimand.]<\/p>\n<p>(2) For the purposes of this Act in its application to a person subject to military law as an officer, any punishment mentioned in the Scale to subsection (1) of this section shall be deemed to be a punishment less than any punishment mentioned before it in the said Scale.<\/p>\n<p>(3) Where\u2014<\/p>\n<p>(a) a person subject to military law as an officer is convicted by court-martial of an offence against military law mentioned in any section contained in Chapter II of this Part, and<\/p>\n<p>(b) such section provides that on such conviction he shall be liable to suffer a specified punishment or any less punishment awardable by a court-martial.<\/p>\n<p>the expression \u201cany less punishment awardable by a court-martial\u201d means in such section any punishment mentioned in the Scale to subsection (1) of this section which is less than the specified punishment.<\/p>\n<p>(4) Save as is otherwise expressly provided in this Act, a person convicted by court-martial of having committed an offence against military law while subject to military law as an officer shall be sentenced to one punishment only.<\/p>\n<p>F307[(5) (a) Where an officer is sentenced to a term of imprisonment of more than six months, the military judge shall, in addition, sentence him to dismissal with disgrace from the Defence Forces or dismissal from the Defence Forces.<\/p>\n<p>(b) Where an officer is sentenced to a term of imprisonment of six months or less (other than under section 208(2)), the military judge may, in addition, sentence him to dismissal with disgrace from the Defence Forces or dismissal from the Defence Forces or reduction to any lower commissioned rank.]<\/p>\n<p>(6) An officer sentenced by a court-martial to a fine may be also sentenced to severe reprimand or reprimand.<\/p>\n<p>F308[(6A) An officer sentenced by a court-martial to reduction in rank may, in addition, be sentenced to\u2014<\/p>\n<p>(a) reduction to any lower point on the scale of pay for that rank and forfeiture of a specified term of seniority or all seniority in respect of the rank to which the officer is sentenced to be reduced, or<\/p>\n<p>(b) to a fine or severe reprimand or reprimand,<\/p>\n<p>or both.]<\/p>\n<p>F309[(7) An officer sentenced by a court-martial to forfeiture of seniority of rank may, in addition, be sentenced to reduction to any lower point on the scale of pay for the rank held, or to a fine or severe reprimand or reprimand.]<\/p>\n<p>F310[(7A) An officer sentenced by a court-martial to reduction to a lower point on the scale of pay for the rank held may, in addition, be sentenced to a fine or severe reprimand or reprimand.]<\/p>\n<p>F311[(8) An officer dismissed with F312[disgrace] from the Defence Forces shall\u2014<\/p>\n<p>(a) be disqualified for ever serving the State again in any military capacity, and<\/p>\n<p>(b) during the period of seven years beginning on the date of his dismissal, subject to subsection (9) of this section, be disqualified for serving the State in any civil capacity.]<\/p>\n<p>F313[(9) Where a person by reason of this section is for the time being disqualified for serving the State in any civil capacity, the Government may, in their absolute discretion, remove the disqualification.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F306<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 57(a), S.I. No. 254 of 2008.<\/p>\n<p>F307<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 57(b), S.I. No. 254 of 2008.<\/p>\n<p>F308<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 57(c), S.I. No. 254 of 2008.<\/p>\n<p>F309<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 57(d), S.I. No. 254 of 2008.<\/p>\n<p>F310<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 57(e), S.I. No. 254 of 2008.<\/p>\n<p>F311<br \/>\nSubstituted (24.06.1987) by Defence (Amendment) Act 1987 (8\/1987), s. 4(1)(d), commenced on enactment, subject to transitional provision in s. 16.<\/p>\n<p>F312<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 57(f), S.I. No. 254 of 2008.<\/p>\n<p>F313<br \/>\nInserted (24.06.1987) by Defence (Amendment) Act 1987 (8\/1987), s. 4(1)(d), commenced on enactment, subject to transitional provision in s. 16.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E70<br \/>\nPrevious affecting provision: subss. (1) and (5) amended (22.07.1997) by Criminal Law Act 1997 (14\/1997), s. 14 and sch. 2, paras. 9 and 10, commenced as per s. 1; substituted as per F-note above.<\/p>\n<p>E71<br \/>\nPrevious affecting provision: subs. (1) amended (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4(j), commenced on enactment; substituted as per F-note above.<\/p>\n<p>E72<br \/>\nPrevious affecting provision: subs. (1) amended (24.06.1987) by Defence (Amendment) Act 1987 (8\/1987), s. 4(1)(a) &#8211; (d) subject to transitional provision in s. 16, commenced on enactment; substituted as per F-note above.<\/p>\n<p>Section 210<\/p>\n<h4>Punishments which may be awarded to men by courts-martial.<\/h4>\n<p>210.\u2014F314[(1) Subject to section 192, punishments may be awarded in respect of offences against military law committed by persons subject to military law as men and convicted by court-martial according to the following scale:<\/p>\n<p>SCALE.<\/p>\n<p>A. Imprisonment for life or any specified period.<\/p>\n<p>B. Discharge with disgrace from the Defence Forces.<\/p>\n<p>C. Discharge from the Defence Forces.<\/p>\n<p>D. Detention\u2014<\/p>\n<p>(a) in the case of a general court-martial or limited court-martial, for any term not exceeding two years,<\/p>\n<p>(b) in the case of a summary court-martial, for any term not exceeding six months,<\/p>\n<p>with or without forfeiture of all pay or any part thereof.<\/p>\n<p>E. Where the person convicted is a non-commissioned officer, reduction to any lower non-commissioned rank.<\/p>\n<p>F. Forfeiture of all seniority of rank or of a specified term of seniority.<\/p>\n<p>G. Reduction to any lower point on the scale of pay for the rank held.<\/p>\n<p>H. (a) In the case of a person subject to military law as a man under section 119(a) or (b), a fine of an amount not exceeding fourteen days\u2019 pay of the person at the most recent rate payable.<\/p>\n<p>(b) In the case of a person subject to military law as a man under section 119(c) or (d), a fine not exceeding the maximum fine awardable for the time being by a court-martial to a man holding the rank of private of the highest grade who is in receipt of the maximum pay applicable to that rank.<\/p>\n<p>(c) In the case of a person who is not a member of the Defence Forces but who was a non-commissioned officer, private or seaman when the offence was committed, a fine not exceeding an amount equal to fourteen days\u2019 pay at the most recent rate applicable to his former rank.<\/p>\n<p>I. Severe reprimand.<\/p>\n<p>J. Reprimand.]<\/p>\n<p>(2) For the purposes of this Act in its application to a person subject to military law as a man, any punishment mentioned in the Scale to subsection (1) of this section shall be deemed to be a punishment less than any punishment mentioned before it in the said Scale.<\/p>\n<p>(3) Where\u2014<\/p>\n<p>(a) a person subject to military law as a man is convicted by court-martial of an offence against military law mentioned in any section contained in Chapter II of this Part, and<\/p>\n<p>(b) such section provides that on such conviction he shall be liable to suffer a specified punishment or any less punishment awardable by a court-martial,<\/p>\n<p>the expression \u201cany less punishment awardable by a court-martial\u201d means in such section any punishment mentioned in the Scale to subsection (1) of this section which is less than the specified punishment.<\/p>\n<p>(4) Save as is otherwise expressly provided in this Act, a person convicted by court-martial of having committed an offence against military law while subject to military law as a man shall be sentenced to one punishment only.<\/p>\n<p>(5) F315[\u2026]<\/p>\n<p>F316[(6) Where a man is sentenced to a term of imprisonment exceeding six months, the military judge shall, in addition, sentence him to discharge with disgrace from the Defence Forces or discharge from the Defence Forces.]<\/p>\n<p>F317[(7) Where a man is sentenced to a term of imprisonment of six months or less (other than under section 208(2)), the military judge may, in addition, sentence him to discharge with disgrace from the Defence Forces or discharge from the Defence Forces. ]<\/p>\n<p>F318[(8) A non-commissioned officer sentenced by a court-martial to a punishment mentioned at F or G in the Scale to subsection (1) of this section may, in addition, be sentenced to a fine or severe reprimand or reprimand.]<\/p>\n<p>F319[(8A) A non-commissioned officer sentenced by a court-martial to reduction in rank may, in addition, be sentenced to\u2014<\/p>\n<p>(a) reduction to any lower point on the scale of pay for that rank and forfeiture of a specified term of seniority or all seniority in respect of the rank to which he is sentenced to be reduced, or<\/p>\n<p>(b) to a fine or severe reprimand or reprimand,<\/p>\n<p>or both.]<\/p>\n<p>(9) Where a court-martial sentences a man to detention or severe reprimand or reprimand, the court-martial may also sentence him to a fine.<\/p>\n<p>(10) Where a non-commissioned officer is sentenced by a court-martial to imprisonment F320[for any term not exceeding two years] or detention, the court-martial shall also sentence him to reduction to, in case he holds a non-commissioned army rank, the rank of private or, in any other case, the rank of seaman.<\/p>\n<p>F321[(11) A man discharged with F322[disgrace] from the Defence Forces shall\u2014<\/p>\n<p>(a) be disqualified for ever serving the State again in any military capacity, and<\/p>\n<p>(b) during the period of seven years beginning on the date of his discharge, subject to subsection (12) of this section, be disqualified for serving the State in any civil capacity.]<\/p>\n<p>F323[(12) Where a person by reason of this section is for the time being disqualified for serving the State in any civil capacity, the Government may, in their absolute discretion, remove the disqualification.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F314<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 58(a), S.I. No. 254 of 2008.<\/p>\n<p>F315<br \/>\nDeleted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 58(b), S.I. No. 254 of 2008.<\/p>\n<p>F316<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 58(c), S.I. No. 254 of 2008.<\/p>\n<p>F317<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 58(d), S.I. No. 254 of 2008.<\/p>\n<p>F318<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 58(e), S.I. No. 254 of 2008.<\/p>\n<p>F319<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 58(f), S.I. No. 254 of 2008.<\/p>\n<p>F320<br \/>\nInserted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4(l), commenced on enactment.<\/p>\n<p>F321<br \/>\nSubstituted (24.06.1987) by Defence (Amendment) Act 1987 (8\/1987), s. 4(2)(c), commenced on enactment, subject to transitional provision in s. 16.<\/p>\n<p>F322<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 58(g), S.I. No. 254 of 2008.<\/p>\n<p>F323<br \/>\nInserted (24.06.1987) by Defence (Amendment) Act 1987 (8\/1987), s. 4(2)(c), commenced on enactment, subject to transitional provision in s. 16.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E73<br \/>\nPrevious affecting provision: subss. (1) and (6) amended (22.07.1997) by Criminal Law Act 1997 (14\/1997), s. 14(1) and sch. 2, paras. 11 and 12, commenced as per s. 1; substituted as per F-notes above.<\/p>\n<p>E74<br \/>\nPrevious affecting provision: subss. (1), (6), (7) and (10) amended (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4(j)-(l), commenced on enactment; substituted as per F-notes above.<\/p>\n<p>Section 211<br \/>\nF324[<\/p>\n<h4>Separate sentence for each offence.<\/h4>\n<p>211.\u2014 (1) Where a person is convicted by a court-martial of two or more offences, a separate sentence shall be awarded in respect of each offence.<\/p>\n<p>(2) Subject to section 212A, where a person is convicted by a court-martial in respect of two or more offences, any custodial sentences awarded in respect of each such offence shall be served concurrently.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F324<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 59, S.I. No. 254 of 2008.<\/p>\n<p>Section 211A<br \/>\nF325[<\/p>\n<h4>Restriction on sentence of imprisonment or detention on person who is not represented.<\/h4>\n<p>211A.\u2014 (1) Subject to subsection (2) of this section, a person convicted by a court-martial of an offence against military law shall not be sentenced to imprisonment or dismissal or discharge with disgrace from the Defence Forces or dismissal or discharge from the Defence Forces where the person has not been represented by counsel (within the meaning of section 196) at some time after he is found guilty and before he is sentenced.<\/p>\n<p>(2) Subsection (1) of this section shall not apply where the person\u2014<\/p>\n<p>(a) pursuant to rules of procedure, having been informed of his right to be represented by counsel and having had the opportunity to arrange such representation, refused or failed to do so, or<\/p>\n<p>(b) has previously been sentenced to imprisonment for an offence under this Act or by a civil court in the State.<\/p>\n<p>(3) For the purposes of subsection (2)(b) of this section\u2014<\/p>\n<p>(a) a previous sentence of imprisonment which has been suspended and has not taken effect is to be disregarded,<\/p>\n<p>(b) &#8220;sentenced to imprisonment&#8221; does not include a committal for contempt of court under section 208.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F325<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 60, S.I. No. 254 of 2008.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E75<br \/>\nProcedure for the purposes of section prescribed (1.09.2008) by Court-Martial Rules 2008 (S.I. No. 205 of 2008), rl. 58(2), in effect as per rl. 1(2).<\/p>\n<p>Section 212<\/p>\n<h4>Restriction on sentence of imprisonment and detention on person already undergoing imprisonment or detention.<\/h4>\n<p>212.\u2014Where\u2014<\/p>\n<p>(a) a person is convicted by a court-martial of an offence against military law, and<\/p>\n<p>(b) the court-martial proposes to sentence such person to imprisonment or detention, and<\/p>\n<p>(c) such person is at the time of sentence undergoing imprisonment or detention under a former sentence,<\/p>\n<p>any sentence of imprisonment or detention awarded by the court-martial shall F326[be served concurrently with the term then unexpired of the former sentence and on completion of either sentence any balance of the other sentence shall be served].<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F326<br \/>\nSubstituted (22.07.1997) by Criminal Law Act 1997 (14\/1997), s. 14 and sch. 2, para. 13, commenced as per s. 1.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C57<br \/>\nApplication of section restricted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4(m), commenced on enactment.<\/p>\n<p>FIRST SCHEDULE<\/p>\n<p>CONSEQUENTIAL AMENDMENTS<\/p>\n<p>4. The Defence Act, 1954, shall be amended as follows: &#8230;<\/p>\n<p>(m) section 212 shall not apply to a sentence of imprisonment for life;<\/p>\n<p>&#8230;<\/p>\n<p>Section 212A<br \/>\nF327[<\/p>\n<h4>Power to suspend sentence.<\/h4>\n<p>212A.\u2014 (1) In this section\u2014<\/p>\n<p>&#8220;governor&#8221; includes, in relation to a military prisoner or a person undergoing detention, a person for the time being performing the functions of governor;<\/p>\n<p>&#8220;imprisonment&#8221; includes\u2014<\/p>\n<p>(a) detention in a military prison or detention barrack or in other service custody or in a public prison, as referred to in section 229 of this Act,<\/p>\n<p>(b) F328[\u2026]<\/p>\n<p>(c) detention in a place provided under section 2 of the Prisons Act 1970, and<\/p>\n<p>(d) detention in a place specified under section 3 of the Prisons Act 1972,<\/p>\n<p>and &#8220;sentence of imprisonment&#8221; shall be construed accordingly;<\/p>\n<p>&#8220;mandatory term of imprisonment&#8221; includes, in relation to an offence, a term of imprisonment awarded by a court-martial under this Act or any other enactment where provision is made that a person who is guilty of the offence concerned shall be liable to a term of imprisonment of not less than such term as is specified in this Act or that enactment.<\/p>\n<p>(2) Where a person is sentenced by a court-martial in respect of an offence to a term of imprisonment (other than a mandatory term of imprisonment) or to detention, the military judge presiding at the court-martial may make an order suspending the execution of the sentence in whole or in part, subject to the person entering into a recognisance to comply with the conditions of, or imposed in relation to, the order.<\/p>\n<p>(3) It shall be a condition of an order under subsection (2) of this section that the person in respect of whom the order is made keep the peace and be of good behaviour during\u2014<\/p>\n<p>(a) the period of suspension of the sentence concerned, or<\/p>\n<p>(b) in the case of an order that suspends a sentence in part only, the period of imprisonment or detention and the period of suspension of the sentence concerned,<\/p>\n<p>and that condition shall be specified in the order concerned.<\/p>\n<p>(4) The military judge may, when making an order under subsection (2) of this section, impose such conditions in relation to the order as he considers\u2014<\/p>\n<p>(a) appropriate having regard to the nature of the offence, and<\/p>\n<p>(b) will reduce the likelihood of the person in respect of whom the order is made committing any other offence,<\/p>\n<p>and any condition imposed in accordance with this subsection shall be specified in that order.<\/p>\n<p>(5) In addition to any condition imposed under subsection (4) of this section, the military judge may, when making an order under subsection (2) of this section consisting of the suspension in part of a sentence of imprisonment or detention, impose any one or more of the following conditions in relation to that order:<\/p>\n<p>(a) that the person cooperate with such support services, and to such extent, as may be specified by the military judge;<\/p>\n<p>(b) that the person undergo such\u2014<\/p>\n<p>(i) treatment for addiction,<\/p>\n<p>(ii) course of education, training or therapy,<\/p>\n<p>(iii) psychological counselling or other treatment,<\/p>\n<p>as may be approved by the military judge.<\/p>\n<p>(6) A condition imposed under subsection (5) of this section shall be specified in the order concerned.<\/p>\n<p>(7) Where an order is made under subsection (2) of this section, a copy of the order shall be given by the Court-Martial Administrator\u2014<\/p>\n<p>(a) to the commanding officer of the person to whom the order applies and the Provost Marshal, or<\/p>\n<p>(b) in the case of an order consisting of the suspension of a sentence of imprisonment or detention in part only, to the persons referred to in paragraph (a) of this subsection, to the governor of the prison or detention barrack to which the person is committed and to such other person, authority or support services as the military judge may direct having regard to the conditions (if any) imposed under subsection (5) of this section.<\/p>\n<p>(8) (a) Where a person to whom an order under subsection (2) of this section applies is, during the period of suspension of the sentence concerned, convicted by a court-martial of an offence, the military judge presiding at the court-martial before which proceedings for the offence were brought shall, after imposing sentence for that offence, remand the person in custody or otherwise to appear before a court-martial of the same class as that which made the order.<\/p>\n<p>(b) Where a person is remanded pursuant to paragraph (a) of this subsection, the Court-Martial Administrator shall, subject to the directions of the Director\u2014<\/p>\n<p>(i) refer the matter to the summary court-martial, or<\/p>\n<p>(ii) convene a general court-martial or limited court-martial, as specified in the direction, but without a court-martial board,<\/p>\n<p>to deal with the matter.<\/p>\n<p>(9) (a) A summary court-martial or the military judge presiding at a general court-martial or limited court-martial, as the case may be, to which a person is remanded under subsection (8) of this section shall revoke the order unless the military judge considers that revocation of that order would be unjust in all the circumstances of the case.<\/p>\n<p>(b) Where the military judge revokes that order, the person shall be required to serve the entire of the sentence of imprisonment or detention originally awarded, or such part of the sentence as the military judge considers just having regard to all the circumstances of the case, less any period of that sentence already served and any period spent in custody (other than a period during which the person was serving a sentence of imprisonment or detention in respect of an offence referred to in subsection (8) of this section) pending revocation of the said order.<\/p>\n<p>(10) Notwithstanding the provisions of section 211 or of any other section of this Act, a sentence (other than a sentence consisting of imprisonment for life) awarded\u2014<\/p>\n<p>(a) in respect of an offence committed by a person to whom an order under subsection (2) of this section applies, and<\/p>\n<p>(b) during the period of suspension of sentence to which that order applies,<\/p>\n<p>shall not commence until the expiration of any period of imprisonment or detention that the person is required to serve of the sentence referred to in paragraph (b) of this subsection either by virtue of the order under subsection (2) or a revocation under subsection (9) of this section.<\/p>\n<p>(11) Where the Provost Marshal or, as the case may be, the governor of the prison or detention barrack to which a person was committed has reasonable grounds for believing that a person to whom an order under this section applies has contravened a condition referred to in the order he shall refer the matter to the Director who may\u2014<\/p>\n<p>(a) subject to the court-martial being of the same class as that which made the order, direct the Court-Martial Administrator to\u2014<\/p>\n<p>(i) refer the matter to the summary court-martial, or<\/p>\n<p>(ii) convene a general court-martial or limited court-martial, as specified in his direction, but without a court-martial board,<\/p>\n<p>and<\/p>\n<p>(b) apply in the prescribed manner to that court-martial to fix a date for the hearing of an application for an order revoking the order under subsection (2) of this section.<\/p>\n<p>(12) Where a date for the hearing of an application referred to in subsection (11) of this section is fixed, the person in respect of whom the application will be made, or where that person is in prison or a detention barrack, the governor of the prison or detention barrack, shall be notified in writing in the prescribed manner, and the notice shall require the person to attend at the hearing, or require the said governor to produce the person before the court-martial, on the date and at the time specified in the notice.<\/p>\n<p>(13) A notice under subsection (12) of this section shall be addressed to the person concerned by name, and may be given to the person in the prescribed manner.<\/p>\n<p>(14) If a person who is not in prison or a detention barrack fails to appear before the court-martial in accordance with a requirement contained in a notice under subsection (12) of this section, the military judge presiding at the court-martial concerned may make an order for the arrest of the person.<\/p>\n<p>(15) The military judge presiding at the court-martial shall, where he is satisfied that a person to whom an order under subsection (1) of this section applies has contravened a condition of the order, revoke the order unless he considers that revocation of that order would be unjust in all of the circumstances of the case, and where the military judge revokes that order, the person shall be required to serve the entire of the sentence originally awarded, or such part of the sentence as the military judge considers just having regard to all of the circumstances of the case, less any period of that sentence already served in prison or in a detention barrack and any period spent in custody pending the revocation of the order.<\/p>\n<p>(16) The revocation of an order under subsection (9) or (15) of this section shall for the purposes of this Act and the Courts-Martial Appeals Act 1983 be deemed to be a sentence of a court-martial.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F327<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 61, S.I. No. 254 of 2008.<\/p>\n<p>F328<br \/>\nDeleted (7.04.2017) by Prisons Act 2015 (57\/2015), s. 7, S.I. No. 134 of 2017.<\/p>\n<p>Section<\/p>\n<p>212B<br \/>\nF329[<\/p>\n<h4>Review of certain sentences.<\/h4>\n<p>212B.\u2014 (1) If it appears to the Director that a sentence awarded by a court-martial, on conviction of a person for an offence in respect of which punishment for a term of imprisonment of two years or for any longer period is awardable by the court-martial, is unduly lenient, the Director may apply to the Courts-Martial Appeal Court to review the sentence in accordance with section 22B (inserted by the Defence (Amendment) Act 2007) of the Courts-Martial Appeals Act 1983 and rules of court made under that Act.<\/p>\n<p>(2) Section 161(2)(ea) (which prohibits certain communications in relation to proceedings before a service tribunal) shall apply, with any necessary modifications, to communications made to the persons mentioned in that section for the purpose of influencing the making of a decision in relation to an application under this section as it applies to those communications made for the purposes specified in that provision.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F329<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 62, S.I. No. 254 of 2008.<\/p>\n<p>Section 213<br \/>\nF330[<\/p>\n<h4>Order for payment of compensation.<\/h4>\n<p>213.\u2014 (1) Where\u2014<\/p>\n<p>(a) a person subject to military law is convicted by a court-martial of an offence against military law, and<\/p>\n<p>(b) the offence occasioned any personal injury, expense or loss or destruction of, or damage to, any property,<\/p>\n<p>the military judge presiding at the court-martial may, instead of or in addition to any other punishment which he is authorised by this Act to award in respect of the offence, order that there shall be paid by the person convicted compensation for the personal injury, expense, loss, damage or destruction so occasioned to any person (in this Act referred to as the &#8220;injured party&#8221;) who has suffered such personal injury, expense, loss, damage or destruction.<\/p>\n<p>(2) The compensation payable under this section shall be of such amount as the military judge considers appropriate, having regard to any evidence and to any representations that are made by or on behalf of the convicted person, the injured party or the Director and, subject to the relevant maximum amounts specified in subsection (3) of this section, shall not exceed the amount of the damages that, in the opinion of the military judge, the injured party would be entitled to recover in a civil action against the convicted person in respect of the injury, expense, loss, damage or destruction concerned.<\/p>\n<p>(3) In this section &#8220;relevant maximum amount&#8221; means\u2014<\/p>\n<p>(a) in the case of a compensation order made by a summary court-martial, \u20ac10,000,<\/p>\n<p>(b) in the case of a compensation order made by the military judge presiding at a limited court-martial, \u20ac20,000,<\/p>\n<p>(c) in the case of a compensation order made by the military judge presiding at a general court-martial, \u20ac100,000.<\/p>\n<p>(4) Where the commission of the offence by the convicted person involved the taking of property out of the possession of the injured party and the property has been recovered, any loss occurring to the injured party by reason of the property being damaged while out of his possession shall be treated for the purposes of subsection (1) of this section as having resulted from the offence, irrespective of how the damage was caused or who caused it.<\/p>\n<p>(5) In determining whether to make an order under this section against a person, and in determining the amount of the compensation, the military judge shall have regard to the person\u2019s means so far as they appear or are known to the military judge and for that purpose the military judge may require the convicted person to give evidence as to his means and financial commitments.<\/p>\n<p>(6) An order under this section may provide for payment of the compensation by such instalments and at such times as the military judge considers reasonable in all the circumstances.<\/p>\n<p>(7) Where the military judge considers that\u2014<\/p>\n<p>(a) it would be appropriate both to award a fine under section 209 or 210, as the case may be, and to make an order under this section, but<\/p>\n<p>(b) the convicted person has insufficient means to pay both an appropriate fine and appropriate compensation,<\/p>\n<p>the military judge may, if he is satisfied that the means are sufficient to justify doing so, make an order under this section and if he is satisfied that it is appropriate to do so having regard to the means that would remain after compliance with the order, award a fine.<\/p>\n<p>(8) This section is without prejudice to any other enactment which provides for the payment of compensation by a person convicted of an offence or otherwise proved to have committed an offence.<\/p>\n<p>(9) For the purposes of this section\u2014<\/p>\n<p>(a) in a case where death has resulted from an offence specified in subsection (1) of this section\u2014<\/p>\n<p>&#8220;loss&#8221; means any matter (including mental distress resulting from the death and funeral expenses) for which damages could be awarded in respect of the death by virtue of Part V of the Civil Liability Act 1961;<\/p>\n<p>&#8220;injured party&#8221; includes a dependant (within the meaning of the said Part V) of the deceased person concerned,<\/p>\n<p>(b) in a case where service property is the subject of an order under this section, &#8220;injured party&#8221; includes the Minister.<\/p>\n<p>(10) An order under this section shall, for the purposes of this Act and the Courts-Martial Appeals Act 1983, be deemed to be a sentence of a court-martial.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F330<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 63, S.I. No. 254 of 2008.<\/p>\n<p>Section 213A<br \/>\nF331[<\/p>\n<h4>Payment of fine.<\/h4>\n<p>213A.\u2014 (1) Where a person subject to military law is convicted by a court-martial and is sentenced to a fine, the fine shall be a stated amount.<\/p>\n<p>(2) The terms of payment of a fine referred to in subsection (1) of this section are, subject to the provisions of this Act, at the discretion of the military judge who awards the fine.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F331<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 64, S.I. No. 254 of 2008.<\/p>\n<p>Section 214<br \/>\nRestoration of seniority lost and service forfeited by sentence of a court-martial.<\/p>\n<p>214.\u2014The Minister may restore the whole or any part of any seniority of rank or service forfeited by sentence of a court-martial in the case of an officer or man who may perform good and faithful service or who may otherwise be deemed by the Minister to merit such restoration.<\/p>\n<p>Chapter VII.<\/p>\n<p>Action on Findings and Sentences of Courts-martial.<\/p>\n<p>Section 215<\/p>\n<h4>Findings and sentences not to be valid unless confirmed.<\/h4>\n<p>215.\u2014F332[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F332<br \/>\nRepealed (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 4(1), S.I. No. 254 of 2008.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E76<br \/>\nPrevious affecting provision: section amended (29.06.1983) by Courts-Martial Appeals Act 1983 (19\/1983), s. 7, commenced on enactment; repealed as per F-note above.<\/p>\n<p>Section 216<br \/>\nConfirming authorities.<\/p>\n<p>216.\u2014F333[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F333<br \/>\nRepealed (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 4(1), S.I. No. 254 of 2008.<\/p>\n<p>Section 217<br \/>\nReference of finding and sentence by confirming authority to superior confirming authority.<\/p>\n<p>217.\u2014F334[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F334<br \/>\nRepealed (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 4(1), S.I. No. 254 of 2008.<\/p>\n<p>Section 218<br \/>\nRevision by courts-martial of findings and sentences.<\/p>\n<p>218.\u2014F335[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F335<br \/>\nRepealed (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 4(1), S.I. No. 254 of 2008.<\/p>\n<p>Section 219<br \/>\nPowers of confirming authority as to confirmation.<\/p>\n<p>219.\u2014F336[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F336<br \/>\nRepealed (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 4(1), S.I. No. 254 of 2008.<\/p>\n<p>Section 220<br \/>\nAdditional powers of confirming authority in relation to sentences passed by courts-martial.<\/p>\n<p>220.\u2014F337[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F337<br \/>\nRepealed (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 4(1), S.I. No. 254 of 2008.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E77<br \/>\nPrevious affecting provision: subs. (2) deleted and subs. (3) amended (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4(n), commenced on enactment; repealed as per F-note above.<\/p>\n<p>Section 221<br \/>\nMitigation, remission, etc., of sentences (other than death sentences) after confirmation.<\/p>\n<p>221.\u2014F338[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F338<br \/>\nRepealed (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 4(1), S.I. No. 254 of 2008.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E78<br \/>\nPrevious affecting provision: subs. (1) amended (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4(o), commenced on enactment; repealed as per F-note above.<\/p>\n<p>Section 222<br \/>\nDate of commencement of sentences of penal servitude, imprisonment or detention imposed by way of substitution.<\/p>\n<p>222.\u2014F339[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F339<br \/>\nRepealed (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 4(1), S.I. No. 254 of 2008.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E79<br \/>\nPrevious affecting provision: subs.(3) amended (22.07.1997) by Criminal Law Act 1997 (14\/1997), s. 14 and sch. 2, para. 4, commenced as per s. 1; repealed as per F-note above.<\/p>\n<p>E80<br \/>\nPrevious affecting provision: section amended (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4(p), commenced on enactment; repealed as per F-note above.<\/p>\n<p>Section 223<br \/>\nSuspension of sentences of penal servitude, imprisonment or detention passed on men.<\/p>\n<p>223.\u2014F340[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F340<br \/>\nRepealed (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 4(1), S.I. No. 254 of 2008.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E81<br \/>\nPrevious affecting provision: subss.(1)-(4) and (7) amended (22.07.1997) by Criminal Law Act 1997 (14\/1997), s. 14 and sch. 2, paras. 4 and 14, commenced as per s. 1; repealed as per F-note above.<\/p>\n<p>E82<br \/>\nPrevious affecting provision: subs. (10) inserted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4(q), commenced on enactment; repealed as per F-note above.<\/p>\n<p>Section 224<br \/>\nQuashing of finding of court-martial.<\/p>\n<p>224.\u2014F341[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F341<br \/>\nRepealed (1.09.2008) by Defence (Amendment) Act 2007(24\/2007), s. 4(1), S.I. No. 254 of 2008.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E83<br \/>\nPrevious affecting provision: subs. (2)(c)(iii) deleted (22.07.1997) by Criminal Law Act 1997 (14\/1997), s. 14 and sch. 2, para. 15, commenced as per s. 1; repealed as per F-note above.<\/p>\n<p>E84<br \/>\nPrevious affecting provision: application of section restricted (29.06.1983) by Courts-Martial Appeals Act 1983 (19\/1983), s. 8, commenced on enactment; repealed as per F-note above.<\/p>\n<p>Section 225<br \/>\nF342[<\/p>\n<h4>Orders for restitution.<\/h4>\n<p>225.\u2014 (1) Where a person is convicted by a court-martial of an offence under section 155 or 156, the military judge may on the conviction (whether or not the passing of sentence is in other respects deferred)\u2014<\/p>\n<p>(a) order anyone having possession or control of the property which is the subject of the offence to restore it to any person entitled to recover it from the convicted person,<\/p>\n<p>(b) on the application of a person entitled to recover from the convicted person any other property directly or indirectly representing the property referred to in paragraph (a) of this subsection (as being the proceeds of any disposal or realisation of the whole or part of it or of property so representing it), order that other property to be delivered or transferred to the applicant, or<\/p>\n<p>(c) order that a sum not exceeding the value of the property referred to in paragraph (a) of this subsection shall be paid, out of any money of the convicted person which was taken out of his possession when arrested, to any person who, if the property were in the possession of the convicted person, would be entitled to recover that property from him.<\/p>\n<p>(2) Where the military judge has power on a person\u2019s conviction to make an order against the person under both paragraphs (b) and (c) of subsection (1) of this section, the military judge may make orders under both paragraphs, if the person in whose favour the orders are made does not thereby recover more than the value of the property which is the subject of the offence concerned.<\/p>\n<p>(3) Where\u2014<\/p>\n<p>(a) an order is made under subsection (1)(a) of this section for the restoration of any property, and<\/p>\n<p>(b) it appears to the military judge that the convicted person has sold the property to a person acting in good faith or has borrowed money on the security of it from a person so acting,<\/p>\n<p>then, on the application of the purchaser or lender, the military judge may order that there shall be paid to the applicant, out of any money of the convicted person which was taken out of his possession when arrested, a sum not exceeding the amount paid for the purchase by the applicant or, as the case may be, the amount owed to the applicant in respect of the loan.<\/p>\n<p>(4) (a) The military judge shall not exercise the powers conferred by this section unless in his opinion the relevant facts sufficiently appear from evidence given at the trial or the available documents, together with admissions made by or on behalf of any person in connection with any proposed exercise of the powers.<\/p>\n<p>(b) In paragraph (a) of this subsection &#8220;available documents&#8221; means\u2014<\/p>\n<p>(i) any written statements or admissions which were made for use, and would have been admissible in evidence, at the trial, and<\/p>\n<p>(ii) any written statements or admissions used as evidence at the trial or in any such proceedings.<\/p>\n<p>(5) This section shall have effect only in relation to offences wholly or partly committed on or after the commencement of this section.<\/p>\n<p>(6) This section is without prejudice to the Police (Property) Act 1897 (disposal of property in the possession of the Garda S\u00edoch\u00e1na).]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F342<br \/>\nSubstituted (21.04.2007) by Defence (Amendment) Act 2007 (24\/2007), s. 65, commenced as per s. 1(3).<\/p>\n<p>Section 226<br \/>\nF343[<\/p>\n<h4>Proceedings of court-martial.<\/h4>\n<p>226.\u2014 (1) The proceedings of a court-martial shall be preserved in the prescribed manner.<\/p>\n<p>(2) For the purposes of this section, the proceedings of a court-martial include exhibits.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F343<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 66, S.I. No. 254 of 2008.<\/p>\n<p>Chapter VIII.<\/p>\n<p>Execution of Sentences.<\/p>\n<p>Section 227<br \/>\nSentence of death.<\/p>\n<p>227.\u2014F344[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F344<br \/>\nDeleted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4(r), commenced on enactment.<\/p>\n<p>Section 228<br \/>\nExecution of sentence of penal servitude.<\/p>\n<p>228.\u2014F345[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F345<br \/>\nDeleted (22.07.1997) by Criminal Law Act 1997 (14\/1997), s. 14 and sch. 2, para. 15, commenced as per s. 1.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E85<br \/>\nPrevious affecting provision: subs. (1A) inserted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para 4(s), commenced on enactment; deleted as per F-note above.<\/p>\n<p>Section 229<\/p>\n<h4>Execution of sentence of imprisonment or detention.<\/h4>\n<p>229.\u2014F346[(1) F347[Subject to section 212A, where a sentence of imprisonment is passed by a court-martial,] the military prisoner shall undergo sentence as follows:<\/p>\n<p>(a) if the sentence is for a term exceeding two years, he or she shall, as soon as practicable, be committed to a public prison to undergo sentence;<\/p>\n<p>(b) if the sentence is for a term not exceeding two years, he or she shall undergo sentence either in a military prison or detention barrack or in other service custody or in a public prison, or partly in one way and partly in another.]<\/p>\n<p>(2) F348[Subject to section 212A, where a sentence of detention is passed by a court-martial,] the person on whom the sentence has been passed shall undergo the term of his detention either in a detention barrack or in service custody, or partly in one way and partly in another, but not in a public prison.<\/p>\n<p>(3) F349[Subject to section 212A, a military prisoner] or a man under sentence of detention may, until he reaches the prison or detention barrack in which he is to undergo his sentence, be kept in service custody or in civil custody or partly in service custody and partly in civil custody, and may by order of a competent authority be transferred from service custody to civil custody and from civil custody to service custody as occasion may require.<\/p>\n<p>(4) An order of a competent authority shall be a sufficient warrant for the committal of a military prisoner to prison or a detention barrack, or a man under sentence of detention to a detention barrack.<\/p>\n<p>(5) An order of a competent authority shall be a sufficient authority for the transfer of a military prisoner from prison to a detention barrack, or from a detention barrack to prison, or from one prison or detention barrack to another prison or detention barrack, or for the transfer of a man undergoing detention from one detention barrack to another, or for the delivery into service custody of a military prisoner or a man undergoing detention.<\/p>\n<p>(6) A military prisoner or a man undergoing detention may at any time, if his sentence is remitted, be released by order of a competent authority.<\/p>\n<p>(7) A military prisoner or a man undergoing detention may, during his conveyance from place to place, be subjected to such restraint as is necessary for his safe conduct and removal.<\/p>\n<p>(8) A military prisoner while in a public prison shall be confined F350[\u2026] and otherwise dealt with in the same manner as an ordinary prisoner under a like sentence of imprisonment.<\/p>\n<p>(9) Where the hospital or place for reception of sick persons in a prison or a detention barrack is detached from the prison or detention barrack, a military prisoner or a man undergoing detention may be detained in that hospital or place, and conveyed to or from the same as circumstances require.<\/p>\n<p>(10) For the purposes of this section\u2014<\/p>\n<p>(a) the expression \u201cdetention barrack\u201d includes a barrack detention room;<\/p>\n<p>(b) each of the following shall be a competent authority, namely, the Minister and every prescribed officer, and different officers may be so prescribed for different such purposes.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F346<br \/>\nSubstituted (22.07.1997) by Criminal Law Act 1997 (14\/1997), s. 14 and sch. 2, para. 16, commenced as per s. 1.<\/p>\n<p>F347<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 67(a), S.I. No. 254 of 2008.<\/p>\n<p>F348<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 67(b), S.I. No. 254 of 2008.<\/p>\n<p>F349<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 67(c), S.I. No. 254 of 2008.<\/p>\n<p>F350<br \/>\nDeleted (22.07.1997) by Criminal Law Act 1997 (14\/1997), s. 14 and sch. 2, para. 17, commenced as per s. 1.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C58<br \/>\nApplication of section restricted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4(t), commenced on enactment.<\/p>\n<p>4. The Defence Act, 1954, shall be amended as follows: &#8230;<\/p>\n<p>(t) section 229 shall not apply to a military prisoner sentenced to imprisonment for life; and<\/p>\n<p>&#8230;<\/p>\n<p>Section 230<\/p>\n<h4>Suspension of currency of sentence where a person escapes or is released without proper authority.<\/h4>\n<p>230.\u2014Notwithstanding anything contained in this Act, where a person sentenced to F351[\u2026] imprisonment or detention escapes or is released without proper authority whilst serving such sentence, the currency of such sentence shall be deemed to be suspended from the date on which he escaped or was released without proper authority until he surrenders or is again apprehended, and on such surrender or apprehension he may be recommitted by the prescribed authority to serve the unexpired term of his sentence.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F351<br \/>\nDeleted (22.07.1997) by Criminal Law Act 1997 (14\/1997), s. 14 and sch. 2, para. 4, commenced as per s. 1.<\/p>\n<p>Section 231<\/p>\n<h4>Duty of governor of prison to receive prisoners.<\/h4>\n<p>231.\u2014(1) The governor of every prison shall receive and confine, until discharged or delivered over in due course of law, all F352[military prisoners] sent to such prison in pursuance of this Act.<\/p>\n<p>F353[(2) The governor of every prison shall also receive into his custody any person subject to military law in service custody upon delivery to the governor of a written order, purporting to be signed by the commanding officer of that person, for any period not exceeding 8 days (which shall not include the day on which the order is made), or any further such order or orders so made for any further such period or periods.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F352<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 68(a), S.I. No. 254 of 2008.<\/p>\n<p>F353<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 68(b), S.I. No. 254 of 2008.<\/p>\n<p>Section 232<\/p>\n<h4>Establishment of military prisons and detention barracks.<\/h4>\n<p>232.\u2014(1) It shall be lawful for the Minister to set apart any building or part of a building under the control of the Minister as a military prison or detention barrack and to declare that any such building or part of a building shall be a military prison or a detention barrack, as the case may be.<\/p>\n<p>(2) The powers of the Minister under this section may, during a period of emergency, be exercised by a prescribed officer.<\/p>\n<p>Section 233<\/p>\n<h4>Regulation of military prisons and detention barracks.<\/h4>\n<p>233.\u2014(1) The Minister may make rules (in this Act referred to as rules for military prisons and detention barracks) for all or any of the following purposes, that is to say:\u2014<\/p>\n<p>(a) the government, management and regulation of military prisons and detention barracks;<\/p>\n<p>(b) the appointment and removal and power of inspectors, visitors, governors and officers thereof;<\/p>\n<p>(c) the labour of military prisoners and men undergoing detention therein;<\/p>\n<p>(d) enabling such prisoners or men to earn, by special industry and good conduct, a remission of portion of their sentence;<\/p>\n<p>(e) the classification of military prisoners and men undergoing detention;<\/p>\n<p>(f) the safe custody of such prisoners or men, and the maintenance of discipline among them, and the punishment by personal correction, restraint or otherwise of offences committed by such prisoners or men;<\/p>\n<p>(g) the temporary release, in such cases, for such periods and subject to such conditions as may be prescribed by the rules, of such prisoners or men.<\/p>\n<p>(2) Rules under this section shall not authorise corporal punishment to be inflicted for any offence nor render the imprisonment or detention more severe than it is, under the law in force for the time being, in any public prison.<\/p>\n<p>F354[(2A) Any power conferred by rules under this section to release a person temporarily shall not, in the case of a person serving a sentence passed on him on conviction of treason or of murder, or attempted murder, to which section 3 of the Criminal Justice Act 1990 applies, be exercisable before the expiration of the minimum period specified by the court-martial under section 4 of that Act, as applied by section 169A of this Act, less any reduction of that period by the amount of remission earned by the person according to the rules of practice whereby prisoners generally earn remission of sentence by industry and good conduct, unless for grave reasons of a humanitarian nature, and any such release shall only be of such limited duration as is justified by those reasons.]<\/p>\n<p>(3) Where any person has been temporarily released from a military prison or detention barrack in accordance with rules made under this section the currency of any sentence which he may be serving shall be suspended for the period commencing on the day after the day on which he was released and ending on the day on which he returns to the prison or detention barrack or is otherwise taken into custody under subsection (4) of this section.<\/p>\n<p>(4) If any person who has been temporarily released from a military prison or detention barrack in accordance with rules made under this section fails to comply with any of the conditions subject to which he was released or to return at the expiration of the period for which he was released\u2014<\/p>\n<p>(a) he may be arrested without warrant by any member of the Garda S\u00edoch\u00e1na or taken into service custody, and may be kept in custody, whether civil or service, until he is taken back to the military prison or detention barrack,<\/p>\n<p>(b) unless proceedings are taken against him under section 135 or 137, he shall be liable to such punishment as may be prescribed by the rules.<\/p>\n<p>(5) Rules under this section shall provide for applying, with such modifications and adaptations as the Minister thinks proper, in respect of military prisons and detention barracks, the provisions relating to the duties of medical officers contained in section 74 of the Prisons (Ireland) Act, 1826, and sections 52 and 53 of the General Prisons (Ireland) Act, 1877, and the provisions relating to the duties of gaolers contained in section 54 of the said General Prisons (Ireland) Act, 1877.<\/p>\n<p>(6) Every rule made under this section shall be laid before each House of the Oireachtas as soon as may be after such rule is made and, if a resolution annulling such rule is passed by either House of the Oireachtas within the next subsequent twenty-one days on which that House has sat after such rule is so laid before it, such rule shall be annulled accordingly, but without prejudice to the validity of anything previously done under such rule.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F354<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 69, S.I. No. 254 of 2008.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E86<br \/>\nPower pursuant to section exercised (15.07.1983) by Rules for Military Prisons and Detention Barracks 1983 (S.I. No. 203 of 1983).<\/p>\n<p>E87<br \/>\nPower pursuant to section exercised (1.01.1955) by Rules for Military Prisons and Detention Barracks 1954 (S.I. No. 291 of 1954).<\/p>\n<p>E88<br \/>\nPrevious affecting provision: subs. (2A) inserted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4(u), commenced on enactment; substituted as per F-note above.<\/p>\n<p>Section 234<\/p>\n<h4>Assisting prisoners in military prisons and detention barracks to escape.<\/h4>\n<p>234.\u2014Every person who aids any prisoner in escaping or attempting to escape from any military prison or detention barrack, or who, with intent to facilitate the escape of any such prisoner, conveys or causes to be conveyed into any military prison or detention barrack any mask, dress or other disguise or any letter or other article or thing of whatsoever kind shall be guilty of F355[an offence] and on conviction thereof shall be liable to imprisonment, F356[\u2026] for any term not exceeding two years.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F355<br \/>\nSubstituted (22.07.1997) by Criminal Law Act 1997 (14\/1997), s. 14 and sch. 2, para. 18, commenced as per s. 1.<\/p>\n<p>F356<br \/>\nDeleted (22.07.1997) by Criminal Law Act 1997 (14\/1997), s. 14 and sch. 2, para. 18, commenced as per s. 1.<\/p>\n<p>Section 235<\/p>\n<h4>Penalty for carrying spirituous liquor, drugs or tobacco into military prisons or detention barracks.<\/h4>\n<p>235.\u2014Every person who, contrary to the rules for military prisons and detention barracks, brings or attempts by any means whatever to introduce into any military prison or detention barrack any spirituous or fermented liquor or drug or tobacco and every person employed on the staff of any such prison or barrack who suffers any spirituous or fermented liquor or drug or tobacco to be sold or used therein contrary to such rules shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F357[500] pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and imprisonment.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F357<br \/>\nSubstituted (24.06.1987) by Defence (Amendment) Act 1987 (8\/1987), s. 2, item 8, commenced on enactment, subject to transitional provision in s. 16. A fine of \u00a3500 converted (1.01.1999) to \u20ac634.86. This translates into a class C fine, not greater than \u20ac2,500, as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 6(3) and table ref. no. 3, S.I. No. 662 of 2010.<\/p>\n<p>Section 236<\/p>\n<h4>Penalty for carrying letters, etc., into or out of military prisons or detention barracks.<\/h4>\n<p>236.\u2014Every person who, contrary to the rules for military prisons and detention barracks, conveys or attempts to convey any letter or other document, or any article whatever not allowed by such rules, into or out of such prison or barrack shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F358[100] pounds.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F358<br \/>\nSubstituted (24.06.1987) by Defence (Amendment) Act 1987 (8\/1987), s. 2, item 9, commenced on enactment, subject to transitional provision in s. 16. A fine of \u00a3100 converted (1.01.1999) to \u20ac126.97. This translates into a class E fine, not exceeding \u20ac500, as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 8(3) and table ref. no. 3, S.I. No. 662 of 2010.<\/p>\n<p>Section 237<\/p>\n<h4>Unsoundness of mind of person imprisoned or undergoing detention.<\/h4>\n<p>237.\u2014If a person imprisoned or undergoing detention by virtue of this Act becomes of unsound mind, then, without prejudice to any other enactment, a Minister of State may, upon a certificate signed by two registered medical practitioners certifying that such person is of unsound mind, order the removal of such person to a mental hospital, there to remain for the unexpired term of his sentence of imprisonment or detention but, upon such person being certified by two registered medical practitioners to be again of sound mind, may order his removal to any prison or detention barrack in which he might have been confined if he had not become of unsound mind, there to undergo the remainder of his sentence.<\/p>\n<p>Section 238<\/p>\n<h4>Inquests on persons under sentence dying in military prisons or detention barracks.<\/h4>\n<p>238.\u2014Whenever a person under sentence dies in a military prison or detention barrack, the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(a) the coroner having jurisdiction in the place where such prison or barrack is shall hold an inquest on the body of such person;<\/p>\n<p>(b) where it is practicable, one clear day shall intervene between the day of the death and the date of such inquest;<\/p>\n<p>(c) such inquest shall be held on the body with a jury;<\/p>\n<p>(d) notwithstanding section 5 of the Coroners (Amendment) Act, 1927 (No. 1 of 1927), none of the following persons shall be a member of such jury, that is to say:\u2014<\/p>\n<p>(i) members of the staff of such prison or barrack,<\/p>\n<p>(ii) persons undergoing sentence in such prison or barrack,<\/p>\n<p>(iii) persons engaged in any trade or dealing with such prison or barrack.<\/p>\n<p>Section 239<\/p>\n<h4>Provisions as to warrants and orders of military authorities under Chapter VIII of Part V.<\/h4>\n<p>239.\u2014(1) Where any F359[\u2026] military prisoner or man undergoing detention is for the time being in custody, whether service custody or civil custody, in any place or manner in which he might legally be kept in pursuance of this Act, the custody of such F359[\u2026] prisoner or man shall not be deemed to be illegal by reason only of any informality or error in or as respects the order, warrant or other document, or the authority by or in pursuance whereof such F359[\u2026] prisoner or man was brought into or is detained in such custody, and any such order, warrant or document may be amended accordingly.<\/p>\n<p>(2) Where F359[\u2026] a military prisoner or a man undergoing detention or a person who is subject to military law and charged with an offence is a prisoner or man in service custody and for the purpose of conveyance by sea F360[or air] is delivered on board a ship to the person in command of the ship F361[or aircraft] or to any other person on board the ship acting under the authority of the commander, the order of the military authority which authorises the prisoner or man to be conveyed by sea F360[or air] shall be a sufficient authority to such person, and to the person for the time being in command of the ship F361[or aircraft], to keep the said prisoner or man in custody and convey him in accordance with the order, and the prisoner or man while so kept shall be deemed to be kept in service custody.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F359<br \/>\nDeleted (22.07.1997) by Criminal Law Act 1997 (14\/1997), s. 14 and sch. 2, para. 19, commenced as per s. 1.<\/p>\n<p>F360<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 4(2) and sch. 2, S.I. No. 254 of 2008.<\/p>\n<p>F361<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 4(2) and sch. 2, S.I. No. 254 of 2008.<\/p>\n<p>Chapter IX.<\/p>\n<p>Rules of procedure.<\/p>\n<p>Section 240<\/p>\n<h4>Rules of procedure.<\/h4>\n<p>240.\u2014F362[(1) The Minister may make rules (in this Act referred to as &#8220;rules of procedure&#8221;) in relation to all or any of the following matters:<\/p>\n<p>(a) the assembly and procedure of courts of inquiry and boards;<\/p>\n<p>(b) the form of oath to be taken by the military judge before entering upon his duties under this Act;<\/p>\n<p>(c) in the case of a person remanded for trial by court-martial, the procedures (other than procedures of a court-martial which are the subject of court-martial rules) to be followed in bringing the person to trial, including the taking of a written summary of evidence in the case;<\/p>\n<p>(d) the functions of the Court-Martial Administrator relating to the management and control generally of the administration and business of courts-martial;<\/p>\n<p>(e) the procedure for convening courts-martial;<\/p>\n<p>(f) the procedure for the dissolution by the Court-Martial Administrator of a general court-martial or limited court-martial;<\/p>\n<p>(g) the procedure for referring matters to the summary court-martial;<\/p>\n<p>(h) the procedure for selecting members of a court-martial board;<\/p>\n<p>(i) the procedure in relation to representation for the purposes of section 211A;<\/p>\n<p>(j) the promulgation of the findings and sentence of a court-martial;<\/p>\n<p>(k) the carrying into effect of sentences of courts-martial;<\/p>\n<p>(l) the carrying into effect of decisions made and punishments awarded by the summary court-martial under section 178G;<\/p>\n<p>(m) the form of notice and the giving of such notice under section 212A(12);<\/p>\n<p>(n) the retention and preservation of records of proceedings of a court-martial;<\/p>\n<p>(o) the supply of copies of such records, including provision in respect of any fee payable for the supply of copies;<\/p>\n<p>(p) the officers who are to be prescribed officers for the purposes of section 121;<\/p>\n<p>(q) the functions of the Chief Military Judge (if any);<\/p>\n<p>(r) the judicial functions, other than those with respect to courts-martial, which may be performed by a military judge;<\/p>\n<p>(s) any other matter or thing referred to in this Part (other than Chapters IV and X and any matter or thing referred to in this Part as prescribed by court-martial rules) as prescribed;<\/p>\n<p>(t) any other matter which the Minister considers necessary or expedient for the proper administration of this Part (other than Chapters IV and X and any matter referred to in this Part as the subject of court-martial rules).]<\/p>\n<p>F363[(1A) Without prejudice to the generality of subsection (1), rules of procedure made under this section may, in relation to the functions of a military judge provided for in those rules, including the judicial functions referred to in subsection (1)(r), include provisions required for the performance of the functions of a military judge by a Circuit Judge who, pursuant to section 184LA, is temporarily designated to perform such functions under section 11A of the Act of 1947.]<\/p>\n<p>(2) Rules of procedure shall not contain anything contrary to or inconsistent with this Part.<\/p>\n<p>(3) Rules of procedure shall be judicially noticed.<\/p>\n<p>(4) Rules of procedure may provide for a written summary of evidence being taken on oath and may empower a commanding officer or any other officer before whom he directs such summary to be taken to administer oaths for that purpose.<\/p>\n<p>(5) Rules of procedure in relation to courts of inquiry may provide for evidence being taken on oath and may empower courts of inquiry to administer oaths for that purpose.<\/p>\n<p>(6) Every rule made under this section shall be laid before each House of the Oireachtas as soon as may be after such rule is made and, if a resolution annulling such rule is passed by either House of the Oireachtas within the next subsequent twenty-one days on which that House has sat after such rule is so laid before it, such rule shall be annulled accordingly, but without prejudice to the validity of anything previously done under such rule.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F362<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 70, S.I. No. 254 of 2008.<\/p>\n<p>F363<br \/>\nInserted (9.11.2011) by Defence (Amendment) Act 2011 (17\/2011), s. 9, S.I. No. 568 of 2011.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E89<br \/>\nPower pursuant to section exercised (5.10.2023) by Rules of Procedure (Defence Forces) (Amendment) Rules 2023 (S.I. No. 491 of 2023).<\/p>\n<p>E90<br \/>\nPower pursuant to section exercised (2.12.2019) by Rules of Procedure (Defence Forces) 2019 (S.I. No. 555 of 2019), in effect as per art. 1(2).<\/p>\n<p>E91<br \/>\nPrevious affecting provision: power pursuant to section exercised (11.09.2012) by Defence Act 1954 (Military Judge) (Form of Oath and Solemn Declaration) Rules 2012 (S.I. No. 345 of 2012); revoked (2.12.2019) by Rules of Procedure (Defence Forces) 2019 (S.I. No. 555 of 2019), art. 73(1) and sch. 1, in effect as per art. 1(2), subject to transitional provision in art. 73(2).<\/p>\n<p>E92<br \/>\nPrevious affecting provision: power pursuant to section exercised (11.09.2012) by Rules of Procedure (Defence Forces) (Amendment) Rules 2012 (S.I. No. 344 of 2012); revoked (2.12.2019) by Rules of Procedure (Defence Forces) 2019 (S.I. No. 555 of 2019), art. 73(1) and sch. 1, in effect as per art. 1(2), subject to transitional provision in art. 73(2).<\/p>\n<p>E93<br \/>\nPrevious affecting provision: power pursuant to section exercised (12.11.2011) by Rules of Procedure (Defence Forces) 2011 (S.I. No. 581 of 2011); revoked (2.12.2019) by Rules of Procedure (Defence Forces) 2019 (S.I. No. 555 of 2019), art. 73(1) and sch. 1, in effect as per art. 1(2), subject to transitional provision in art. 73(2).<\/p>\n<p>E94<br \/>\nPrevious affecting provision: power pursuant to section exercised (1.09.2008) by Rules of Procedure (Defence Forces) 2008 (S.I. No. 204 of 2008); revoked (2.12.2019) by Rules of Procedure (Defence Forces) 2019 (S.I. No. 555 of 2019), art. 73(1) and sch. 1, in effect as per art. 1(2), subject to transitional provision in art. 73(2).<\/p>\n<p>E95<br \/>\nPrevious affecting provision: power pursuant to section exercised (25.09.2007) by Rules of Procedure (Defence Forces) (Form of Oath of Military Judge) 2007 (S.I. No. 661 of 2007); revoked (1.09.2008) by Rules of Procedure (Defence Forces) 2008 (S.I. No. 204 of 2008), art. 75 and sch. 1, in effect as per art. 1(2), subject to transitional provision in art. 75(2).<\/p>\n<p>E96<br \/>\nPrevious affecting provision: subs. (1) amended (22.07.1997) by Criminal Law Act 1997 (14\/1997), s. 14(1) and sch. 2, para. 4, commenced as per s. 1; substituted as per F-note above.<\/p>\n<p>E97<br \/>\nPrevious affecting provision: power pursuant to section exercised (7.02.1991) by Rules of Procedure (Defence Forces) 1991 (S.I. No. 27 of 1991); revoked (1.09.2008) by Rules of Procedure (Defence Forces) 2008 (S.I. No. 204 of 2008), art. 75 and sch. 1, in effect as per art. 1(2), subject to transitional provision in art. 75(2).<\/p>\n<p>E98<br \/>\nPrevious affecting provision: power pursuant to section exercised (23.09.1987) by Rules of Procedure (Defence Forces) 1987 (S.I. No. 245 of 1987); revoked (1.09.2008) by Rules of Procedure (Defence Forces) 2008 (S.I. No. 204 of 2008), art. 75 and sch. 1, in effect as per art. 1(2), subject to transitional provision in art. 75(2).<\/p>\n<p>E99<br \/>\nPrevious affecting provision: power pursuant to section exercised (15.07.1983) by Rules of Procedure (No. 3) (Defence Forces) 1983 (S.I. No. 202 of 1983); revoked (1.09.2008) by Rules of Procedure (Defence Forces) 2008 (S.I. No. 204 of 2008), art. 75 and sch. 1, in effect as per art. 1(2), subject to transitional provision in art. 75(2).<\/p>\n<p>E100<br \/>\nPrevious affecting provision: power pursuant to section exercised (10.03.1983) by Rules of Procedure (No. 2) (Defence Forces) 1983 (S.I. No. 72 of 1983); revoked (1.09.2008) by Rules of Procedure (Defence Forces) 2008 (S.I. No. 204 of 2008), art. 75 and sch. 1, in effect as per art. 1(2), subject to transitional provision in art. 75(2).<\/p>\n<p>E101<br \/>\nPrevious affecting provision: power pursuant to section exercised (26.01.1983) by Rules of Procedure (Defence Forces) 1983 (S.I. No. 22 of 1983); revoked (1.09.2008) by Rules of Procedure (Defence Forces) 2008 (S.I. No. 204 of 2008), art. 75 and sch. 1, in effect as per art. 1(2), subject to transitional provision in art. 75(2).<\/p>\n<p>E102<br \/>\nPrevious affecting provision: power pursuant to section exercised (31.03.1955) by Rules of Procedure (Defence Forces), 1954 (Amendment) Rules 1955 (S.I. No. 58 of 1955); revoked (1.09.2008) by Rules of Procedure (Defence Forces) 2008 (S.I. No. 204 of 2008), art. 75 and sch. 1, in effect as per art. 1(2), subject to transitional provision in art. 75(2).<\/p>\n<p>E103<br \/>\nPrevious affecting provision: power pursuant to section exercised (1.01.1955) by Rules of Procedure (Defence Forces) 1954 (S.I. No. 243 of 1954); revoked (1.09.2008) by Rules of Procedure (Defence Forces) 2008 (S.I. No. 204 of 2008), art. 75 and sch. 1, in effect as per art. 1(2), subject to transitional provision in art. 75(2).<\/p>\n<p>Section 240A<br \/>\nF364[<\/p>\n<h4>Courts-Martial Rules Committee.<\/h4>\n<p>240A.\u2014 (1) There is hereby established a committee to be known as Coiste Rialacha na nArmch\u00fairteanna or in the English language as the Courts-Martial Rules Committee (in this Chapter referred to as the &#8220;Committee&#8221;).<\/p>\n<p>(2) The functions of the Committee shall be, with the concurrence of the Minister, to make rules of court (in this Act referred to as &#8220;court-martial rules&#8221;) in accordance with section 240B.<\/p>\n<p>(3) The Committee shall consist of two ex-officio members and six nominated members.<\/p>\n<p>(4) The ex-officio members of the Committee shall be\u2014<\/p>\n<p>(a) the Judge Advocate-General, and<\/p>\n<p>(b) the military judge or, where there is more than one, the Chief Military Judge, who shall be the deputy chairperson of the Committee.<\/p>\n<p>(5) The nominated members of the Committee shall be\u2014<\/p>\n<p>(a) a judge of the Circuit Court nominated by the President of the Circuit Court, who shall be the chairperson of the Committee,<\/p>\n<p>(b) a practising barrister nominated by the General Council of the Bar of Ireland,<\/p>\n<p>(c) a practising solicitor nominated by the Law Society of Ireland,<\/p>\n<p>(d) an officer of the Attorney General, nominated by the Attorney General,<\/p>\n<p>(e) an officer of the Department of Defence, not below the rank of principal officer, nominated by the Minister, and<\/p>\n<p>(f) an officer of the Permanent Defence Force, not below the rank of commandant, nominated by the Chief of Staff, who shall act as secretary to the Committee.<\/p>\n<p>(6) Every nominated member of the Committee shall, unless that member sooner dies, resigns or ceases to be, as the case may be, a judge of the Circuit Court, a practising barrister, a practising solicitor or an officer referred to in subsection (5)(d) to (f) of this section, hold office as such member for five years from the date of nomination.<\/p>\n<p>(7) A nominated member of the Committee whose membership expires with the passage of time shall be eligible for renomination.<\/p>\n<p>(8) Subject to subsection (9) of this section, the Committee may act notwithstanding one or more vacancies in its membership.<\/p>\n<p>(9) The quorum for a meeting of the Committee shall be four.<\/p>\n<p>(10) The chairperson of the Committee shall preside at all meetings of the Committee at which he is present and in the absence of the chairperson the deputy chairperson shall preside at the meeting.<\/p>\n<p>(11) Subject to subsection (12) of this section, the Committee shall hold such and so many meetings as may be necessary for the performance of its functions but in any case shall meet not less frequently than once in each year.<\/p>\n<p>(12) The first meeting of the Committee shall be held within one month after the commencement of this section.<\/p>\n<p>(13) Subject to this Act, the Committee shall regulate the practice and procedure of the Committee.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F364<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 71(1), S.I. No. 254 of 2008.<\/p>\n<p>Section 240B<br \/>\nF365[<\/p>\n<h4>Court-martial rules.<\/h4>\n<p>240B.\u2014 (1) The Committee may, with the concurrence of the Minister, make court-martial rules for the purpose of regulating the pleading, practice and procedure generally in all proceedings before courts-martial under this Part of this Act, including rules in relation to all or any of the matters set out in the Twelfth Schedule to this Act.<\/p>\n<p>F366[(1A) Without prejudice to the generality of subsection (1), court-martial rules made under this section may, in relation to the functions of a military judge provided for in those rules, include provisions required for the performance of the functions of a military judge by a Circuit Judge who, pursuant to section 184LA, is temporarily designated to perform such functions under section 11A of the Act of 1947.]<\/p>\n<p>(2) Court-martial rules shall be deemed to be a statutory instrument to which the Statutory Instruments Act 1947 primarily applies.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F365<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 71(1), S.I. No. 254 of 2008.<\/p>\n<p>F366<br \/>\nInserted (9.11.2011) by Defence (Amendment) Act 2011 (17\/2011), s. 10, S.I. No. 568 of 2011.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E104<br \/>\nPower pursuant to section exercised (2.10.2023) by Court-Martial Rules 2023 (S.I. No. 492 of 2023), in effect as per art. 3.<\/p>\n<p>E105<br \/>\nPower pursuant to section exercised (12.11.2011) by Court-Martial Rules 2011 (S.I. No. 580 of 2011).<\/p>\n<p>E106<br \/>\nPower pursuant to section exercised (23.07.2009) by Court-Martial Rules 2009 (S.I. No. 273 of 2009).<\/p>\n<p>E107<br \/>\nPower pursuant to section exercised (1.09.2008) by Court-Martial Rules 2008 (S.I. No. 205 of 2008).<\/p>\n<p>Chapter X.<\/p>\n<p>Miscellaneous Offences by Members of the Reserve Defence Force.<\/p>\n<p>Section 241<\/p>\n<h4>Penalty for member of Reserve Defence Force joining armed forces of another State.<\/h4>\n<p>241.\u2014If, within or without the State, any member of the Reserve Defence Force, while not subject to military law, accepts a commission in, or enters into any engagements to serve in, the armed forces of another State, he shall be guilty of a misdemeanour and shall be liable on conviction thereof to imprisonment for a term not exceeding two years.<\/p>\n<p>Section 242<\/p>\n<h4>Punishment of certain offences by reservists.<\/h4>\n<p>242.\u2014(1) Where a reservist\u2014<\/p>\n<p>(a) when required by Reserve Defence Force regulations to attend at a particular time and place, fails, without reasonable excuse, to attend at such time and place, or<\/p>\n<p>(b) uses threatening or insulting language or behaves in an insubordinate manner to any officer or non-commissioned officer who, in pursuance of Reserve Defence Force regulations, is acting in the execution of his office and would, if such reservist were subject to military law, be his superior officer, or<\/p>\n<p>(c) in reply to any notice served on him under this Act or Reserve Defence Force regulations sends any communication of an insubordinate kind, or<\/p>\n<p>(d) by any fraudulent means obtains or is accessory to obtaining any pay or other sum contrary to regulations made under section 97, or<\/p>\n<p>(e) fails without reasonable cause to comply with Reserve Defence Force regulations,<\/p>\n<p>such reservist shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F367[\u20ac2,000].<\/p>\n<p>(2) Where a reservist commits an offence under this section he may be taken into service custody.<\/p>\n<p>(3) Where a reservist commits in the presence of any officer an offence under this section, such officer may, if he thinks fit, order such reservist, in lieu of being taken into service custody, to be taken into custody by any member of the Garda S\u00edoch\u00e1na.<\/p>\n<p>(4) Where a reservist is required in pursuance of Reserve Defence Force regulations to attend at any place, a certificate purporting to be signed by an officer or person who is mentioned in such certificate as appointed to be present at such place for the purpose of inspecting reservists or for any other purpose connected with the Reserve Defence Force and stating that such reservist failed to attend in accordance with the said requirement, shall, without proof of the signature or appointment of such officer or person, be evidence in any proceedings under this section of such failure.<\/p>\n<p>(5) In this section, the expression \u201cReserve Defence Force regulations\u201d means regulations made under section 92 or 94.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F367<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 4(2) and sch. 2, S.I. No. 254 of 2008. A fine of \u20ac2,000 translates into a class C fine, not exceeding \u20ac2,500, as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 6(2) and table ref. no. 1, S.I. No. 662 of 2010.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E108<br \/>\nPrevious affecting provision: fine in subs. (1) increased (24.06.1987) by Defence (Amendment) Act 1987 (8\/1987), s. 2, item 10, commenced on enactment; further increased as per F-note above.<\/p>\n<p>Section 243<\/p>\n<h4>Non-attendance of reservist called out for training or on permanent service, etc.<\/h4>\n<p>243.\u2014(1) When a reservist is called out for training or on permanent service or in aid of the civil power, and such reservist, without leave lawfully granted or such sickness or other reasonable excuse as may be allowed in the prescribed manner, fails to appear at any time and place at which he is required upon such calling out to attend, the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(a) if he is called out on permanent service or in aid of the civil power, such reservist shall be guilty, according to the circumstances, of desertion or absence without leave;<\/p>\n<p>(b) if he is called out for training, such reservist shall be guilty of absence without leave.<\/p>\n<p>(2) Where a reservist commits, by virtue of this section, the offence of desertion or absence without leave, such reservist shall be liable either\u2014<\/p>\n<p>(a) to be tried by court-martial and convicted and punished accordingly, or<\/p>\n<p>(b) to be tried summarily by the District Court and on conviction by such court to be sentenced to a fine not exceeding F368[\u20ac2,000].<\/p>\n<p>(3) Any offence committed by a reservist which under this section is punishable on conviction by court-martial shall for all purposes of and incidental to the arrest, trial and punishment of the offender, including the summary dealing with his case by his commanding officer, be deemed to be an offence against military law.<\/p>\n<p>(4) A person charged with an offence which under this section is cognisable both by a court-martial and by the District Court shall not be liable to be tried both by a court-martial and the District Court, but may be tried by either of them as may be directed by the prescribed military authority.<\/p>\n<p>(5) The following provisions shall have effect in relation to proceedings against an offender before a court-martial or his commanding officer or the District Court in respect of an offence punishable under this section, that is to say:\u2014<\/p>\n<p>(a) such proceedings may be instituted whether the term of his service in the Reserve Defence Force has or has not expired;<\/p>\n<p>(b) such proceedings may, notwithstanding anything contained in this or any other Act, be instituted within two months after whichever of the following times is the later, that is to say:\u2014<\/p>\n<p>(i) the time at which the offence becomes known to the prescribed military authority, or<\/p>\n<p>(ii) the time at which the offender is arrested.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F368<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 4(2) and sch. 2, S.I. No. 254 of 2008. A fine of \u20ac2,000 translates into a class C fine, not exceeding \u20ac2,500, as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 6(2) and table ref. no. 1, S.I. No. 662 of 2010.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E109<br \/>\nPrevious affecting provision: fine in subs. (2) increased (24.06.1987) by Defence (Amendment) Act 1987 (8\/1987), s. 2, item 11, commenced on enactment; further increased as per F-note above.<\/p>\n<p>Section 244<\/p>\n<h4>Record and evidence of absence of reservists called out.<\/h4>\n<p>244.\u2014Where\u2014<\/p>\n<p>(a) a reservist, who is called out for training or on permanent service or in aid of the civil power, fails to appear at the time and place at which he is required upon such calling out to attend, and<\/p>\n<p>(b) his absence continues for not less than fourteen days,<\/p>\n<p>an entry of such absence shall be made by the prescribed officer in the prescribed manner in the prescribed service books, and such entry F369[shall be evidence, until the contrary is shown,] of the fact of such absence.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F369<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 4(2) and sch. 2, S.I. No. 254 of 2008.<\/p>\n<p>Section 245<\/p>\n<h4>Wrongful sale, etc., of equipment by a member of the Reserve Defence Force.<\/h4>\n<p>245.\u2014If any person (being a member or former member of the Reserve Defence Force)\u2014<\/p>\n<p>(a) designedly makes away with, or sells, pawns or wrongfully destroys or damages, or negligently loses, any article issued to him as a member of the Reserve Defence Force, or<\/p>\n<p>(b) refuses, on demand made by the Minister or any person acting on behalf of the Minister, to deliver up any such article,<\/p>\n<p>then,\u2014<\/p>\n<p>(i) he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F370[\u20ac2,000],<\/p>\n<p>(ii) the Court by which he is tried may, whether it convicts him of the offence or not, order him to pay to the Minister the value of the article.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F370<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 4(2) and sch. 2, S.I. No. 254 of 2008. A fine of \u20ac2,000 translates into a class C fine, not exceeding \u20ac2,500, as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 6(2) and table ref. no. 1, S.I. No. 662 of 2010.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E110<br \/>\nPrevious affecting provision: fine in para. (b) increased (24.06.1987) by Defence (Amendment) Act 1987 (8\/1987), s. 2, item 12, commenced on enactment; further increased as per F-note above.<\/p>\n<p>Section 246<\/p>\n<h4>Regulations for purposes of Chapter X of Part V.<\/h4>\n<p>246.\u2014The Minister may make regulations in relation to any person, matter or thing referred to in this Chapter as prescribed.<\/p>\n<p>Chapter XI.<\/p>\n<p>Proof of certain matters of Evidence in Proceedings before Civil Courts and Courts-martial.<\/p>\n<p>Section 247<\/p>\n<p>&nbsp;<\/p>\n<h4>Evidence on subjection to military law of officers of the Reserve Defence Force.<\/h4>\n<p>247.\u2014A certificate under the hand of a person authorised by the Minister to make certificates under this section certifying the matters mentioned in any one of the following paragraphs, that is to say:\u2014<\/p>\n<p>(a) that a person named in such certificate was during a specified period an officer of the Reserve Defence Force and was at a specified time ordered on service or duty for which as an officer belonging to the Reserve Defence Force he was liable,<\/p>\n<p>(b) that a person named in such certificate was during a specified period an officer of the Reserve Defence Force and was during a specified period employed on service or duty for which as an officer of the Reserve Defence Force he was liable,<\/p>\n<p>(c) that a person named in such certificate was during a specified period an officer of the Reserve Defence Force and was during a specified period attached to a body of troops for the time being subject to military law,<\/p>\n<p>(d) that a person named in such certificate was during a specified period an officer of the Reserve Defence Force and was during a specified period doing duty with a body of troops for the time being subject to military law,<\/p>\n<p>(e) that a person named in such certificate was during a specified period an officer of the Reserve Defence Force and was at a specified time ordered on duty by the military authorities,<\/p>\n<p>(f) that a person named in such certificate was during a specified period an officer of the Reserve Defence Force and was during a specified period voluntarily attending training,<\/p>\n<p>(g) that a person named in such certificate was during a specified period an officer of the Reserve Defence Force and was during a specified period undergoing treatment in a military hospital,<\/p>\n<p>shall in proceedings under this Act, whether before a civil court or a court-martial, be prima facie evidence of the matters so certified and it shall not be necessary to prove the signature of the person purporting to make such certificate or that he was so authorised.<\/p>\n<p>Section 248<\/p>\n<h4>Evidence of certain documents and matters.<\/h4>\n<p>248.\u2014The following provisions shall have effect with respect to evidence in proceedings under this Act before a court-martial or a civil court F371[or, where relevant, in proceedings under Chapter IV of this Part]\u2014<\/p>\n<p>(a) a copy of the Iris Oifigi\u00fail purporting to contain a notice under section 52 shall be evidence of the matter contained in the notice;<\/p>\n<p>(b) any attestation paper purporting to be signed by any person upon his being attested as a man in any portion of the Defence Forces shall be evidence of the fact that such person gave, in answer to the questions set forth in such attestation paper, the answers he is therein represented as having given;<\/p>\n<p>(c) the enlistment of a person in the Permanent Defence Force or the Reserve Defence Force may be proved by the production, by a witness on oath, of a copy of such person\u2019s attestation paper purporting to be certified to be a true copy by the officer having the custody of such original attestation paper, without proof of the signature of such officer or of his having custody of such original attestation paper;<\/p>\n<p>(d) a letter, return or other document with respect to a person\u2014<\/p>\n<p>(i) having, or not having, at any specified time or times, served in or been discharged from any portion of the Defence Forces, or<\/p>\n<p>(ii) having, or not having, held any rank or appointment in, or been posted, attached or transferred to, any portion of the Defence Forces, or having, or not having, served in a particular place, or<\/p>\n<p>F372[(iiA) having, or not having, at any specified time or times, served outside the State as a member of the Permanent Defence Force with an armed International United Nations Force, or]<\/p>\n<p>(iii) being, or not being, authorised to wear any decoration, medal, medal ribbon, badge, wound stripe, rank insignia, or emblem, the use or wearing of which by an unauthorised person is an offence under section 267,<\/p>\n<p>if purporting to be signed by or on behalf of the Minister or the commanding officer of any portion of the Defence Forces to which such person appears to have belonged or alleges that he belongs or had belonged, shall be prima facie evidence of the relevant facts stated in such letter, return or other document;<\/p>\n<p>(e) a Defence Force List or Defence Force Gazette F373[(whether printed or made available by electronic means or otherwise in non-legible form which is capable of being reproduced in permanent legible form)] purporting to be issued under the authority of the Minister by F374[the Chief of Staff] shall be evidence of the status and rank of any officer therein mentioned and of any appointment held by him and of the unit to which he belongs or is attached;<\/p>\n<p>(f) a Naval List and Directory F373[(whether printed or made available by electronic means or otherwise in non-legible form which is capable of being reproduced in permanent legible form)] purporting to be issued under the authority of the Minister by F374[the Chief of Staff] shall be evidence of\u2014<\/p>\n<p>(i) the fact that any ship mentioned therein as a State ship is a State ship, and<\/p>\n<p>(ii) the status and commissioned naval rank of any officer mentioned therein and of any appointment held by him;<\/p>\n<p>(g) where a record is made in a service book in pursuance of this Act or any regulations made thereunder or otherwise in pursuance of military duty and purports to be signed by the commanding officer or by the officer whose duty it is to make such record\u2014<\/p>\n<p>(i) such record shall be evidence of the facts therein stated,<\/p>\n<p>(ii) a copy of such record purporting to be certified to be a true copy by the officer having the custody of such service book shall, without proof of the signature of such officer or of his having custody of such service book, be prima facie evidence of such record;<\/p>\n<p>(h) any warrant or order made under this Act by a military authority shall be deemed to be evidence of the matters therein directed to be stated by or in pursuance of this Act;<\/p>\n<p>(i) a document purporting to be a copy of any instrument (being a warrant or order made under this Act by a military authority) shall, if certified by an officer authorised by the Minister in that behalf to be a true copy of such instrument, be prima facie evidence of such instrument and it shall not be necessary to prove the signature of the officer so certifying such document or that he was so authorised;<\/p>\n<p>(j) where the proceedings are proceedings against an officer or man (in this paragraph referred to as the accused) on a charge of being a deserter or an absentee, and the accused has been arrested by a member of the Garda S\u00edoch\u00e1na or any officer or man or has surrendered himself into the custody of an officer or any portion of the Defence Forces, a certificate purporting to have been signed by the member of the Garda S\u00edoch\u00e1na, officer or man by whom the arrest was made or by the officer to whom the surrender was made or by the commanding officer of the portion of the Defence Forces to whom the surrender was made, and stating the fact, date, time and place of such arrest or surrender, and whether the accused so surrendering was dressed in uniform or not at the time of arrest or surrender shall be evidence of the matters so stated;<\/p>\n<p>(k) where the proceedings are proceedings against an officer or man (in this paragraph referred to as the accused) on a charge of being a deserter or an absentee, and the accused has surrendered to any member of the Garda S\u00edoch\u00e1na, a certificate purporting to be signed by such member or the person in charge of a Garda S\u00edoch\u00e1na station when the accused has been delivered into service custody by such person and stating the fact, date, time and place of such surrender, and whether the accused was dressed in uniform or not at the time of surrender shall be evidence of the matters so stated;<\/p>\n<p>(l) where the proceedings are proceedings against an officer or man (in this paragraph referred to as the accused) on a charge of being a deserter or an absentee, and either the accused has been arrested by a member of the Garda S\u00edoch\u00e1na or an officer or man and brought to a Garda S\u00edoch\u00e1na station or has surrendered to a member of the Garda S\u00edoch\u00e1na at a Garda S\u00edoch\u00e1na station, a certificate purporting to be signed by the member of the Garda S\u00edoch\u00e1na in charge of such station at the time when the accused is delivered into service custody and stating the fact, date and place of arrest or surrender, and whether the accused was dressed in uniform or not at the time of arrest or surrender shall be evidence of the matters so stated.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F371<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 4(2) and sch. 2, S.I. No. 254 of 2008.<\/p>\n<p>F372<br \/>\nInserted (24.06.1987) by Defence (Amendment) Act 1987 (8\/1987), s. 13, commenced on enactment.<\/p>\n<p>F373<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 4(2) and sch. 2, S.I. No. 254 of 2008.<\/p>\n<p>F374<br \/>\nSubstituted (1.10.1998) by Defence (Amendment) Act 1998 (31\/1998), s. 7, S.I. No. 366 of 1998.<\/p>\n<p>Section 249<br \/>\nEvidence of conviction or acquittal by a civil court.<\/p>\n<p>249.\u2014(1) Whenever any person subject to military law has been tried by any civil court, the certificate of the clerk of such court or of his deputy, or of any other officer having the custody of the records of such court, setting out the offence for which such person subject to military law was tried, together with the judgment of the court thereon or, if such person was acquitted, the acquittal, shall be evidence of the conviction and sentence, or of the order of the court, or of the acquittal of such person, as the case may be.<\/p>\n<p>(2) This section shall apply to F375[a member of the Reserve Defence Force] who is tried by a civil court, whether he is or is not at the time of trial subject to military law.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F375<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 4(2) and sch. 2, S.I. No. 254 of 2008.<\/p>\n<p>Section 250<\/p>\n<h4>Evidence of proceedings of court-martial.<\/h4>\n<p>250.\u2014(1) The original proceedings of a court-martial purporting to be signed by the F376[military judge], and being in the custody of the prescribed officer having the lawful custody thereof, shall be deemed to be of such a public nature as to be admissible in evidence on their mere production from such custody, and any copy purporting to be certified by the prescribed officer, having such custody as aforesaid, to be a true copy of such proceedings, or of any part thereof, shall be admissible in evidence without proof of the signature of such officer.<\/p>\n<p>(2) Whenever any person subject to military law has been tried by court-martial, the certificate of the prescribed officer having custody of the original proceedings of the court-martial, setting out the place and date of trial, the offence for which such person was tried, together with the finding and sentence of the court-martial F377[\u2026] or, if such person was acquitted, the acquittal, shall be evidence of the matters so set out in such certificate.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F376<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 4(2) and sch. 2, S.I. No. 254 of 2008.<\/p>\n<p>F377<br \/>\nDeleted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 4(2) and sch. 2, S.I. No. 254 of 2008.<\/p>\n<p>&nbsp;<\/p>\n<h2>COURTS-MARTIAL APPEALS ACT 1983<\/h2>\n<p>REVISED<\/p>\n<p>Updated to 6 July 2022<\/p>\n<p>AN ACT TO ESTABLISH A COURTS-MARTIAL APPEAL COURT, TO MAKE PROVISION FOR THE GRANT BY THE STATE OF FREE LEGAL AID IN CERTAIN COURTS-MARTIAL CASES AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH. [29th June, 1983]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C1<br \/>\nRevocation of order under subs. (9) or (15) deemed to be sentence of court martial by Defence Act 1954 (18\/1954), s. 212A(16) as inserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 61, S.I. No. 254 of 2008.<\/p>\n<p>Power to suspend sentence.<\/p>\n<p>212A.\u2014 &#8230;<\/p>\n<p>(16) The revocation of an order under subsection (9) or (15) of this section shall for the purposes of this Act and the Courts-Martial Appeals Act 1983 be deemed to be a sentence of a court-martial.<\/p>\n<p>C2<br \/>\nOrder deemed to be sentence of court martial by Defence Act 1954 (18\/1954), s. 213(10) as substituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 63, S.I. No. 254 of 2008.<\/p>\n<p>Order for payment of compensation.<\/p>\n<p>213.\u2014 &#8230;<\/p>\n<p>(10) An order under this section shall, for the purposes of this Act and the Courts-Martial Appeals Act 1983, be deemed to be a sentence of a court-martial.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E1<br \/>\nProceedings prior to 20.07.2009 not affected (20.07.2009) by Rules of the Superior Courts (Courts-Martial Appeal Court) 2009 (S.I. No. 270 of 2009), rule 2.<\/p>\n<p>E2<br \/>\nLegal aid restricted under certain conditions (2.07.2008) by Courts-Martial (Legal Aid) Regulations 2008 (S.I. No. 206 of 2008), reg. 18.<\/p>\n<p>E3<br \/>\nWitness expenses prescribed (2.07.2008) by Courts-Martial (Legal Aid) Regulations 2008 (S.I. No. 206 of 2008), reg. 17, as amended (30.06.2010) by Courts-Martial (Legal Aid) (Amendment) Regulations 2010 (S.I. No. 327 of 2010).<\/p>\n<p>E4<br \/>\nFees and expenses prescribed (2.07.2008) by Courts-Martial (Legal Aid) Regulations 2008 (S.I. No. 206 of 2008), regs. 11-16, schs. 3 and 4, as amended (30.06.2010) by Courts-Martial (Legal Aid) (Amendment) Regulations 2010 (S.I. No. 327 of 2010).<\/p>\n<p>PART I<\/p>\n<p>Preliminary and General<\/p>\n<p>Section 1<br \/>\nShort title.<\/p>\n<p>1.\u2014This Act may be cited as the Courts-Martial Appeals Act, 1983.<\/p>\n<p>Section 2<br \/>\nCommencement of Part III.<\/p>\n<p>2.\u2014Part III of this Act shall come into operation on such day as may be fixed therefor by order of the Minister.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E5<br \/>\nPower pursuant to section exercised (16.12.1986) by Courts-Martial Appeals Act, 1983 (Commencement of Part III) Order 1986 (S.I. No. 426 of 1986).<\/p>\n<p>2. The 16th day of December, 1986, is hereby fixed as the day on which Part III of the Courts-Martial Appeals Act 1983 (19\/1983), shall come into operation.<\/p>\n<p>Section 3<\/p>\n<h4>Definitions.<\/h4>\n<p>3.\u2014In this Act\u2014<\/p>\n<p>F1[\u201dAct of 1947\u201d means the Courts of Justice Act 1947; ]<\/p>\n<p>\u201cthe Act of 1954\u201d means the Defence Act, 1954;<\/p>\n<p>\u201cthe Court\u201d means the Courts-Martial Appeal Court established by section 9;<\/p>\n<p>\u201cthe Minister\u201d means the Minister for Defence.<\/p>\n<p>F1[\u201dmilitary judge\u201d\u2014<\/p>\n<p>(a) means a military judge appointed under Chapter IVC of Part V of the Act of 1954, and<\/p>\n<p>(b) in relation to the performance of the functions of a military judge under this Act or any instrument made under it, where a temporary designation of a Circuit Judge to carry out the functions of a military judge has been made under section 11A of the Act of 1947, references to the performance of such functions shall be construed in accordance with section 3A.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F1<br \/>\nInserted (9.11.2011) by Defence (Amendment) Act 2011 (17\/2011), s. 11(a), S.I. No. 568 of 2011.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C3<br \/>\nProspective affecting provision: definition amended by Courts and Court Officers Act 1995 (31\/1995), s. 3 and sch. 1 pt. 2, not commenced as of date of revision.<\/p>\n<p>3.\u2014 &#8230;<\/p>\n<p>\u201cthe Court\u201d means the Courts-Martial Appeal Court F1[\u2026];<\/p>\n<p>&#8230;<\/p>\n<p>Section 3A 3A<br \/>\nF2[<\/p>\n<h4>Performance of functions of military judge by Circuit Judge.<\/h4>\n<p>3A.\u2014(1) Where a Circuit Judge has been temporarily designated under section 11A of the Courts of Justice Act 1947 pursuant to a request under section 184LA of the Act of 1954, notwithstanding the definition of military judge in section 3, references in this Act, or any instrument made under it, to a military judge in relation to the carrying out of the functions of a military judge under this Act, or any instrument made under it, shall be construed in accordance with such temporary designation of such Circuit Judge and nothing in this Act, or any statutory instrument made under it, shall be construed as preventing such Circuit Judge from carrying out such functions of a military judge.<\/p>\n<p>(2) In this section &#8220;Circuit Judge&#8221; has the meaning assigned to it by the Act of 1947.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F2<br \/>\nInserted (9.11.2012) by Defence (Amendment) Act 2011 (17\/2011), s. 11(b), S.I. No. 568 of 2012.<\/p>\n<p>Section 4<br \/>\nExpenses.<\/p>\n<p>4.\u2014The expenses incurred by a Minister of the Government in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.<\/p>\n<p>Section 5<br \/>\nAmendment of section 202 of Act of 1954.<\/p>\n<p>5.\u2014Section 202 of the Act of 1954 is hereby amended\u2014<\/p>\n<p>(a) by the substitution of the following paragraph for paragraphs (b) and (c) of subsection (1):<\/p>\n<p>\u201c(b) the court-martial shall order that such person be kept in custody in an institution suitable for the detention of such person until such time as he is fit to take his trial or until his release is sooner ordered by the Minister or the High Court, which court shall for that purpose have all the powers which a judge of the Central Criminal Court would have had if the case had been tried before him.\u201d, and<\/p>\n<p>(b) by the substitution of the following subsection for subsection (2):<\/p>\n<p>\u201c(2) A finding under this section shall not require confirmation or be subject to revision.\u201d,<\/p>\n<p>and that section, as so amended, is set out in the Table to this section.<\/p>\n<p>TABLE<\/p>\n<p>202.\u2014(1) Where at the trial by court-martial of a person charged with an offence it appears that such person is by reason of insanity unfit to take his trial, the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(a) the court-martial shall find specially that fact;<\/p>\n<p>(b) the court-martial shall order that such person be kept in custody in an institution suitable for the detention of such person until such time as he is fit to take his trial or until his release is sooner ordered by the Minister or the High Court, which court shall for that purpose have all the powers which a judge of the Central Criminal Court would have had if the case had been tried before him.<\/p>\n<p>(2) A finding under this section shall not require confirmation or be subject to revision.<\/p>\n<p>Section 6<\/p>\n<h4>Amendment of section 203 of Act of 1954.<\/h4>\n<p>6.\u2014Section 203 of the Act of 1954 is hereby amended\u2014<\/p>\n<p>(a) by the substitution of the following paragraph for paragraphs (b) and (c) of subsection (1):<\/p>\n<p>\u201c(b) the court-martial shall order that such person be kept in custody in an institution suitable for the detention of such person until further order of the High Court, which court shall for that purpose have all the powers which a judge of the Central Criminal Court would have had if such person had been tried before him.\u201d, and<\/p>\n<p>(b) by the substitution of the following subsection for subsection (2):<\/p>\n<p>\u201c(2) A finding under this section shall not require confirmation or be subject to revision.\u201d,<\/p>\n<p>and that section, as so amended, is set out in the Table to this section.<\/p>\n<p>TABLE<\/p>\n<p>203.\u2014(1) Where at the trial by court-martial of a person charged with an offence it appears that such person did the act or made the omission charged, but was insane at the time when he did the said act or made the said omission, the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(a) the court-martial shall find specially that the accused was guilty of the act or omission charged but was insane at the time he did the act or made the omission;<\/p>\n<p>(b) the court-martial shall order that such person be kept in custody in an institution suitable for the detention of such person until further order of the High Court, which court shall for that purpose have all the powers which a judge of the Central Criminal Court would have had if such person had been tried before him.<\/p>\n<p>(2) A finding under this section shall not require confirmation or be subject to revision.<\/p>\n<p>Section 7<br \/>\nAmendment of section 215 of Act of 1954.<\/p>\n<p>7.\u2014Section 215 of the Act of 1954 is hereby amended by the substitution for \u201cSubject to section 204,\u201d of \u201cSubject to sections 202 to 204,\u201d and that section, as so amended, is set out in the Table to this section.<\/p>\n<p>TABLE<\/p>\n<p>215.\u2014Subject to sections 202 to 204, the finding and sentence of a court-martial shall not be valid except in so far as the same may be confirmed by a confirming authority under this Chapter.<\/p>\n<p>Section 8<br \/>\nRestriction of section 224 of Act of 1954.<\/p>\n<p>8.\u2014Section 224 of the Act of 1954 (quashing of finding of court-martial) shall not have effect in relation to the finding or sentence of a court-martial against which the person convicted may, by virtue of an order under section 24 of this Act, appeal to the Court.<\/p>\n<p>PART II<\/p>\n<h4>Courts-Martial Appeal Court<\/h4>\n<p>Section 9<br \/>\nEstablishment and constitution of the Courts-Martial Appeal Court.<\/p>\n<p>9.\u2014F3[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F3<br \/>\nRepealed (28.10.2014) by Court of Appeal Act 2014 (18\/2014), s. 73 and sch. 1 item 6, S.I. No. 479 of 2014.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>Editorial Notes:<\/p>\n<p>E6<br \/>\nPrevious affecting provision: section repealed by Courts and Court Officers Act 1995 (31\/1995), s. 3 and sch. 1 part 2, not commenced; superseded as per F-note above.<\/p>\n<p>Section 10<br \/>\nCourt to be a superior court of record, etc.<\/p>\n<p>10.\u2014F4[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F4<br \/>\nRepealed (28.10.2014) by Court of Appeal Act 2014 (18\/2014), s. 73 and sch. 1 item 6, S.I. No. 479 of 2014.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>Editorial Notes:<\/p>\n<p>E7<br \/>\nPrevious affecting provision: section repealed by Courts and Court Officers Act 1995 (31\/1995), s. 3 and sch. 1 part 2, not commenced; superseded as per F-note above.<\/p>\n<p>Section 11<br \/>\nRegistrar of the Court.<\/p>\n<p>11.\u2014F5[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F5<br \/>\nRepealed (28.10.2014) by Court of Appeal Act 2014 (18\/2014), s. 73 and sch. 1 item 6, S.I. No. 479 of 2014.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>Editorial Notes:<\/p>\n<p>E8<br \/>\nPrevious affecting provision: section repealed by Courts and Court Officers Act 1995 (31\/1995), s. 3 and sch. 1 part 2, not commenced; superseded as per F-note above.<\/p>\n<p>Section 12<br \/>\nSittings and procedure of the Court.<\/p>\n<p>12.\u2014F6[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F6<br \/>\nRepealed (28.10.2014) by Court of Appeal Act 2014 (18\/2014), s. 73 and sch. 1 item 6, S.I. No. 479 of 2014.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>Editorial Notes:<\/p>\n<p>E9<br \/>\nPrevious affecting provision: section repealed by Courts and Court Officers Act 1995 (31\/1995), s. 3 and sch. 1 part 2, not commenced; superseded as per F-note above.<\/p>\n<p>Section 13<br \/>\nRight of appeal to the Court.<\/p>\n<p>13.\u2014F7[(1)]A person convicted by a court-martial may appeal to the Court against the finding or sentence change F8[\u2026] of the court-martial or against both such finding and such sentence.<\/p>\n<p>F9[(2) A person in respect of whom a finding or order of committal is made under section 202 or 203 of the Act of 1954 may appeal that finding or order of committal to the Court.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F7<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 11 and sch. 4, S.I. No. 254 of 2008.<\/p>\n<p>F8<br \/>\nDeleted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 11 and sch. 4, S.I. No. 254 of 2008.<\/p>\n<p>F9<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 11 and sch. 4, S.I. No. 254 of 2008.<\/p>\n<p>Section 14<br \/>\nAppeal to the Supreme Court.<\/p>\n<p>14.\u2014F10[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F10<br \/>\nRepealed (28.10.2014) by Court of Appeal Act 2014 (18\/2014), s. 73 and sch. 1 item 6, S.I. No. 479 of 2014, subject to transitional provisions as per s. 78(3).<\/p>\n<p>Editorial Notes:<\/p>\n<p>E10<br \/>\nPrevious affecting provision: section repealed by Courts and Court Officers Act 1995 (31\/1995), s. 3 and sch. 1 part 2, not commenced; superseded as per F-note above.<\/p>\n<p>Section 15<br \/>\nInterlocutory applications.<\/p>\n<p>15.\u2014F11[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F11<br \/>\nRepealed (28.10.2014) by Court of Appeal Act 2014 (18\/2014), s. 73, sch. 1 item 6, S.I. No. 479 of 2014.<\/p>\n<p>Section 16<br \/>\nConsequential orders of the Court.<\/p>\n<p>16.\u2014Where a person convicted by a court-martial gives notice of appeal to the Court, the Court shall have power to make all consequential orders it may think fit, including\u2014<\/p>\n<p>(a) in the case of an appellant who is a member of the Defence Forces, an order suspending the operation of a sentence of F12[\u2026] imprisonment or detention pending the determination of the appeal, and<\/p>\n<p>(b) in the case of an appellant who is not a member of the Defence Forces, an order admitting the appellant to bail on such terms as the Court thinks proper pending the determination of the appeal.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F12<br \/>\nDeleted (22.07.1997) by Criminal Law Act 1997 (14\/1997), ss. 1, 16 and sch. 3.<\/p>\n<p>Section 17<br \/>\nHearing of appeal by the Court.<\/p>\n<p>17.\u2014(1) An appeal to the Court shall be heard and determined by the Court on the proceedings of the trial of the appellant, with power to the Court to hear new or additional evidence and to refer any matter for report by the F13[military judge presiding at the court-martial] by which the appellant was tried.<\/p>\n<p>(2) F14[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F13<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 11 and sch. 4, S.I. No. 254 of 2008.<\/p>\n<p>F14<br \/>\nDeleted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 11 and sch. 4, S.I. No. 254 of 2008.<\/p>\n<p>Section 18<br \/>\nJurisdiction of the Court.<\/p>\n<p>18.\u2014F15[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F15<br \/>\nRepealed (29.12.1993) by Criminal Procedure Act 1993 (40\/1993), s. 13 and sch., commenced on enactment.<\/p>\n<p>Section 19<\/p>\n<h4>Finding of guilty but insane.<\/h4>\n<p>19.\u2014If on any appeal F16[(other than an appeal under sections 203B to 203D (inserted by the Defence (Amendment) Act 2007) of the Act of 1954)] it appears to the Court that, although the appellant did the act or made the omission charged against him, he was insane at the time when the act was done or the omission was made so as not to be responsible according to law for the act or omission, the Court may quash the sentence passed at the trial and order the appellant to be kept in custody in like manner as if the case had been determined by the Court of Criminal Appeal on appeal from a conviction on indictment.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F16<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 11, sch. 4, S.I. No. 254 of 2008.<\/p>\n<p>Section 19A<br \/>\nF17[Appeals (mental disorder at time of trial).<\/p>\n<p>19A.\u2014Where an appeal is made to the Court under section 203B (inserted by the Defence (Amendment) Act 2007) of the Act of 1954 from a finding by a court-martial pursuant to section 202 of that Act, the Court shall, if it allows the appeal, order that the appellant be tried or retried, as the case may be, by court-martial for the offence alleged.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F17<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 11, sch. 4, S.I. No. 254 of 2008.<\/p>\n<p>Section 19B<br \/>\nF18[<\/p>\n<h4>Appeals (mental disorder at time of commission of offence).<\/h4>\n<p>19B.\u2014(1) A person tried for an offence by court-martial and found not guilty by reason of insanity may appeal to the Court against the finding on all or any of the following grounds:<\/p>\n<p>(a) that it was not proved that the person did the act or made the omission in question;<\/p>\n<p>(b) that the person was not, at the time when he did the act or made the omission, suffering from a mental disorder of the nature referred to in section 203(1) of the Act of 1954;<\/p>\n<p>(c) that the military judge ought to have made a finding in respect of the person that he was unfit to take his trial.<\/p>\n<p>(2) If on an appeal to the Court on the ground referred to in subsection (1)(a) of this section, the Court is satisfied that it was not established that the appellant did the act or made the omission in question it shall order that the appellant be acquitted.<\/p>\n<p>(3) If, on an appeal to the Court on the ground referred to in subsection (1)(b) of this section, the Court is satisfied that the appellant did the act or made the omission alleged but having considered the evidence or any new evidence relating to the mental condition of the appellant given by a consultant psychiatrist is satisfied that he was not suffering from a mental disorder of the nature referred to in section 203(1) of the Act of 1954, the Court shall substitute a verdict of guilty of the offence charged or of any other offence of which it is satisfied that the person could (by virtue of the charge) and ought to have been convicted, and shall have the like powers of punishing or otherwise dealing with the person as the court-martial concerned would have had if the person had been convicted of the offence in respect of which the verdict of guilty has been so substituted.<\/p>\n<p>(4) If, on appeal to the Court on the ground set out at subsection (1)(c) of this section, the Court is satisfied that the appellant ought to have been found unfit to take his trial it shall make a finding to that effect and, in that case the provisions of section 202(1)(b) of the Act of 1954 shall apply.<\/p>\n<p>(5) If on appeal to the Court, the Court is satisfied, having considered the evidence or any new evidence relating to the mental condition of the appellant, that he was at the time that the offence alleged was committed suffering from a mental disorder of the nature referred to in section 203(1) of the Act of 1954 and that but for that disorder the appellant would have been found guilty of the offence charged or of another offence of which the person could have been found guilty by virtue of the charge, the Court shall dismiss the appeal.<\/p>\n<p>(6) In this section and in section 19C of this Act &#8220;consultant psychiatrist&#8221; has the same meaning as in the Mental Health Act 2001.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F18<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 11 and sch. 4, S.I. No. 254 of 2008.<\/p>\n<p>Section 19C<br \/>\nF19[<\/p>\n<h4>Appeals (supplementary provisions).<\/h4>\n<p>19C.\u2014(1) Where an appeal is made to the Court against a decision by a court-martial to make or not to make an order of committal under section 202(1)(b) or 203(2) of the Act of 1954, the Court may, having considered the evidence or any new evidence relating to the mental condition of the person charged given by a consultant psychiatrist, make such order, being an order that it was open to the court-martial to make, as it considers appropriate and, without prejudice to the provisions of section 13 of the Criminal Law (Insanity) Act 2006 relating to the review of orders of committal, no further appeal shall lie from an order made on an appeal under this section.<\/p>\n<p>(2) Where the Court allows an appeal against a conviction or against a verdict of not guilty by reason of insanity on the ground that the appellant ought to have been found unfit to take his trial, or allows an appeal against a conviction on the ground that the appellant ought to have been found not guilty by reason of insanity, it shall have the same powers to deal with the appellant as the court-martial concerned would have had under section 202 or 203 of the Act of 1954 if it had come to the same conclusion.<\/p>\n<p>(3) All ancillary and procedural provisions contained in a statute or an instrument made under statute relating to appeals against convictions, including provisions relating to leave to appeal, shall apply with the necessary modifications to appeals under sections 19A and 19B of this Act and subsection (1) of this section.<\/p>\n<p>(4) The powers of the Court in an appeal under section 19A or 19B of this Act or subsection (1) of this section shall include the power to make any such order as may be necessary for the purpose of doing justice in accordance with the provisions of this Act and the Criminal Law (Insanity) Act 2006.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F19<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 11 and sch. 4, S.I. No. 254 of 2008.<\/p>\n<p>Section 20<\/p>\n<h4>Convictions and sentences of the Court, etc.<\/h4>\n<p>20.\u2014(1) Where on any appeal the Court substitutes a conviction of a different offence or substitutes a different sentence, that conviction or sentence shall, for the purposes of the Defence Acts, 1954 to 1979, and any instrument made thereunder, be deemed to be a duly confirmed finding or sentence of a court-martial.<\/p>\n<p>(2) Notwithstanding section 206 of the Act of 1954, the Court may by order provide for the date on which a sentence substituted by it, or passed by a court-martial and not varied by the Court, shall commence or take effect.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E11<br \/>\nApplication of section not restricted (1.09.2008) by Rules of Procedure (Defence forces) 2008 (S.I. No. 204 of 2008), rl. 34. Rule 34 provides for setting of effective date for application of certain sentences.<\/p>\n<p>Section 21<\/p>\n<p>Postponement of execution of sentence of death.<\/p>\n<p>21.\u2014F20[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F20<br \/>\nRepealed (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 9 and sch. 2, commenced on enactment.<\/p>\n<p>Section 22<\/p>\n<h4>Defence of appeal.<\/h4>\n<p>22.\u2014The defence of an appeal under this Part of this Act shall be undertaken by F21[the Director of Military Prosecutions].<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F21<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 11, sch. 4, S.I. No. 254 of 2008.<\/p>\n<p>Section 22A<br \/>\nF22[<\/p>\n<h4>Case stated for the Court on question of law.<\/h4>\n<p>22A.\u2014Where an appeal is made to the summary court-martial under section 178E (inserted by the Defence (Amendment) Act 2007) of the Act of 1954, the military judge\u2014<\/p>\n<p>(a) shall, if requested by the appellant or the respondent, unless the military judge considers the request frivolous, and<\/p>\n<p>(b) may, without request,<\/p>\n<p>refer any question of law arising in that appeal to the Court for determination in accordance with this Act.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F22<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 11, sch. 4, S.I. No. 254 of 2008.<\/p>\n<p>Section 22B<br \/>\nF23[<\/p>\n<h4>Review of certain sentences.<\/h4>\n<p>22B.\u2014(1) An application by the Director of Military Prosecutions under section 212B (inserted by the Defence (Amendment) Act 2007) of the Defence Act 1954 to review a sentence awarded by a court-martial shall be made, on notice given to the convicted person, within 28 days or such longer period not exceeding 56 days as the Court may, on application to it in that behalf, determine, from the day on which the sentence was awarded.<\/p>\n<p>(2) On such an application, the Court may either\u2014<\/p>\n<p>(a) quash the sentence and in its place award to the convicted person the sentence it considers appropriate, being a sentence which could have been awarded to him by the court-martial concerned, or<\/p>\n<p>(b) refuse the application.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F23<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 11 and sch. 4, S.I. No. 254 of 2008.<\/p>\n<p>Section 23<br \/>\nRules of court.<\/p>\n<p>23.\u2014The Superior Courts Rules Committee shall, with the concurrence of the Minister for Justice, make rules of court for the purposes of this Part of this Act.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E12<br \/>\nPower pursuant to section exercised (20.12.2011) by Rules of the Superior Courts (Courts-Martial Appeal Court) 2011 (S.I. No. 693 of 2011).<\/p>\n<p>E13<br \/>\nPower pursuant to section exercised (20.07.2009) by Rules of the Superior Courts (Courts-Martial Appeal Court) 2009 (S.I. No. 270 of 2009).<\/p>\n<p>E14<br \/>\nPower pursuant to section exercised (28.04.2000) by Rules of the Superior Courts (No. 2) (Courts-Martial Appeal Court Rules (Amendment)) 2000 (S.I. No. 105 of 2000).<\/p>\n<p>E15<br \/>\nPower pursuant to section exercised (18.07.1983) by The Courts-Martial Appeal Court Rules (S.I. No. 206 of 1983).<\/p>\n<p>Section 23A 23A<br \/>\nF24[<\/p>\n<h4>Section 23: supplemental provisions.<\/h4>\n<p>23A.\u2014 Without prejudice to the generality of section 23, rules of court made under that section may, in relation to the functions of a military judge provided for in those rules, include provisions required for the performance of the functions of a military judge by a Circuit Judge who, pursuant to section 184LA of the Act of 1954 is temporarily designated to perform such functions under section 11A of the Act of 1947.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F24<br \/>\nInserted (9.11.2011) by Defence (Amendment) Act 2011 (17\/2011), s. 11(c), S.I. No. 568 of 2011.<\/p>\n<p>Section 24<br \/>\nApplication of Part II.<\/p>\n<p>24.\u2014The provisions of this Part of this Act shall have effect in relation to convictions by courts-martial of which the findings are or were promulgated on or after such day (whether before or after the passing of this Act) as the Minister may fix by order under this section.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E16<br \/>\nPower pursuant to section exercised (15.07.1983) by Courts-Martial Appeals Act, 1983 (Application of Part II) Order 1983 (S.I. No. 201 of 1983).<\/p>\n<p>PART III<\/p>\n<p>Legal Aid<\/p>\n<p>Section 25<\/p>\n<h4>Definitions for Part III.<\/h4>\n<p>25.\u2014In this Part of this Act\u2014<\/p>\n<p>\u201clegal aid certificate\u201d means a legal aid (preliminary proceedings) certificate, a legal aid (court-martial) certificate, F25[a legal aid (court-martial appeal) certificate] or a legal aid (Supreme Court) certificate;<\/p>\n<p>\u201cthe prescribed authority\u201d means the person prescribed by regulations under section 33 of this Act to be the prescribed authority for the purposes of this Part of this Act.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F25<br \/>\nSubstituted (28.10.2014) by Court of Appeal Act 2014 (18\/2014), s. 49(a), S.I. No. 479 of 2014.<\/p>\n<p>F26<br \/>\nInserted by Defence Forces (Evidence) Act 2022 (16\/2022), s. 94(a)(i), not commenced as of date of revision.<\/p>\n<p>F27<br \/>\nSubstituted by Defence Forces (Evidence) Act 2022 (16\/2022), s. 94(a)(ii), not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C4<br \/>\nProspective affecting provision: definition of &#8220;Act of 2022&#8221; inserted and definition of &#8220;legal aid certificate&#8221; substituted by Defence Forces (Evidence) Act 2022 (16\/2022), s. 94(a)(i), (ii), not commenced as of date of revision.<\/p>\n<p>F26[\u201cAct of 2022\u201d means the Defence Forces (Evidence) Act 2022;]<\/p>\n<p>F27[\u201clegal aid certificate\u201d means a legal aid (preliminary proceedings) certificate, a legal aid (court-martial) certificate, a legal aid (case stated) certificate, a legal aid (application concerning forensic evidence retention period) certificate, a legal aid (court-martial appeal) certificate or a legal aid (Supreme Court) certificate;]<\/p>\n<p>Editorial Notes:<\/p>\n<p>E17<br \/>\nPrevious affecting provision: definition of \u201clegal aid certificate\u201d amended by Courts and Court Officers Act 1995 (31\/1995), s. 3 and sch. 1 part 2, not commenced; substituted (28.10.2014) as per F-note above.<\/p>\n<p>Section 26<\/p>\n<h4>Legal aid (preliminary proceedings) certificate.<\/h4>\n<p>26.\u2014Where\u2014<\/p>\n<p>(a) a person (in this section referred to as \u201cthe accused\u201d) is charged with an offence against military law, and<\/p>\n<p>F28[(b) any of the provisions of the Act of 1954 or any instrument made under that Act permit the accused to be represented by counsel or by a solicitor at the investigation of the charge or the taking down of the evidence pursuant to any such provisions or instrument (or at both such investigation and such taking down of evidence),]<\/p>\n<p>then, if it appears to the prescribed authority\u2014<\/p>\n<p>(i) that the means of the accused are insufficient to enable him to obtain legal aid, and<\/p>\n<p>(ii) that by reason of the gravity of the charge or of exceptional circumstances it is essential in the interests of justice that he should have legal aid at the investigation of the charge or the taking down of the evidence (or at both such investigation and such taking down of evidence),<\/p>\n<p>the prescribed authority shall, on application being made to him in that behalf, grant in respect of the accused a certificate for free legal aid (in this Part of this Act referred to as \u201ca legal aid (preliminary proceedings) certificate\u201d) and thereupon the accused shall be entitled to such aid and to have a solicitor and (where he is charged with F30[an offence for which a person would be required on conviction to be sentenced to imprisonment for life] and the prescribed authority thinks fit) counsel assigned to him for such investigation or such taking down of evidence (or both such investigation and such taking down of evidence) in such manner as may be prescribed by regulations under section 33 of this Act.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F28<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 11 and sch. 4, S.I. No. 254 of 2008.<\/p>\n<p>F29<br \/>\nSubstituted by Defence Forces (Evidence) Act 2022 (16\/2022), s. 94(b), not commenced as of date of revision.<\/p>\n<p>F30<br \/>\nSubstituted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1 para. 5(a), commenced on enactment.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C5<br \/>\nProspective affecting provision: para. (b) amended by Defence Forces (Evidence) Act 2022 (16\/2022), s. 94(b), not commenced as of date of revision.<\/p>\n<p>F28[(b) F29[any of the provisions of the Act of 1954 or the Act of 2022 or any instrument made under either of those Acts] or any instrument made under that Act permit the accused to be represented by counsel or by a solicitor at the investigation of the charge or the taking down of the evidence pursuant to any such provisions or instrument (or at both such investigation and such taking down of evidence),]<\/p>\n<p>Section 27<\/p>\n<h4>Legal aid (court-martial) certificate.<\/h4>\n<p>27.\u2014(1) Where\u2014<\/p>\n<p>F31[ (a) a person (in this section referred to as &#8220;the accused&#8221;)\u2014<\/p>\n<p>(i) is, at the direction of the Director of Military Prosecutions, to be tried by court-martial, or<\/p>\n<p>(ii) appeals to the summary court-martial pursuant to section 178E (inserted by the Defence (Amendment) Act 2007) of the Act of 1954,<\/p>\n<p>and]<\/p>\n<p>(b) a certificate for free legal aid (in this Part of this Act referred to as \u201ca legal aid (court-martial) certificate\u201d) is granted in respect of the accused by the prescribed authority,<\/p>\n<p>the accused shall be entitled to free legal aid in the preparation and conduct of his defence at the trial F32[or of his appeal, as the case may be,] and to have a solicitor and (where the prescribed authority thinks fit) counsel assigned to him for that purpose in such manner as may be prescribed by regulations under section 33 of this Act.<\/p>\n<p>(2) A legal aid (court-martial) certificate shall be granted in respect of the accused if (but only if)\u2014<\/p>\n<p>(a) application is made therefor,<\/p>\n<p>(b) it appears to the prescribed authority that the means of the accused are insufficient to enable him to obtain legal aid, and<\/p>\n<p>(c) either\u2014<\/p>\n<p>(i) the trial is on F33[a charge of an offence for which a person would be required on conviction to be sentenced to imprisonment for life], or<\/p>\n<p>(ii) it appears to the prescribed authority that, having regard to all the circumstances of the case (including the nature of such defence, if any, as may have been set up F34[or appeal, as the case may be]), it is essential in the interests of justice that the accused should have legal aid in the preparation and conduct of his defence at the trial F35[or of his appeal, as the case may be].<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F31<br \/>\nSubstituted (01.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 11 and sch. 4, S.I. No. 254 of 2008.<\/p>\n<p>F32<br \/>\nInserted (01.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 11 and sch. 4, S.I. No. 254 of 2008.<\/p>\n<p>F33<br \/>\nSubstituted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1 para. 5(b), commenced on enactment.<\/p>\n<p>F34<br \/>\nInserted (01.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 11 and sch. 4, S.I. No. 254 of 2008.<\/p>\n<p>F35<br \/>\nInserted (01.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 11 and sch. 4, S.I. No. 254 of 2008.<\/p>\n<p>Section 27A<br \/>\nF36[<\/p>\n<h4>Legal aid (case stated) certificate.<\/h4>\n<p>27A.\u2014(1) Where\u2014<\/p>\n<p>(a) a person appeals to the summary court-martial under section 178E (inserted by the Defence (Amendment) Act 2007) of the Act of 1954 and the military judge before whom the appeal is heard refers a question of law arising in the proceedings to the Court pursuant to section 22A of this Act, and<\/p>\n<p>(b) a certificate for free legal aid (in this Part of this Act referred to as &#8220;a legal aid (case stated) certificate&#8221;) is granted in respect of the person by the prescribed authority or under subsection (3) of this section,<\/p>\n<p>the person shall be entitled to free legal aid in the preparation and conduct of his case in relation to the case stated and to have a solicitor and counsel assigned to him for that purpose in such manner as may be prescribed by regulations under section 33 of this Act.<\/p>\n<p>(2) A legal aid (case stated) certificate shall be granted in respect of the person concerned if (but only if)\u2014<\/p>\n<p>(a) application is made therefor,<\/p>\n<p>(b) it appears to the prescribed authority that the means of the person are insufficient to enable him to obtain legal aid, and<\/p>\n<p>(c) it appears to the prescribed authority that, by reason of the serious nature of the offence with which the person is charged or of exceptional circumstances, it is essential in the interests of justice that a legal aid (case stated) certificate should be granted in respect of the person.<\/p>\n<p>(3) Where, in relation to a case stated, a person is refused a legal aid (case stated) certificate by the prescribed authority, he may apply for the certificate to the Court either\u2014<\/p>\n<p>(a) by letter addressed to the registrar of the Court setting out the facts of the case and the grounds of the application, or<\/p>\n<p>(b) to the Court itself,<\/p>\n<p>and the Court shall grant the certificate if (but only if)\u2014<\/p>\n<p>(i) it appears to the Court that the means of the person are insufficient to enable him to obtain legal aid, and<\/p>\n<p>(ii) it appears to the Court that, by reason of the serious nature of the offence with which the person is charged or of exceptional circumstances, it is essential in the interests of justice that a legal aid (case stated) certificate should be granted in respect of the person.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F36<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 11 and sch. 4, S.I. No. 254 of 2008.<\/p>\n<p>Section<br \/>\nF37[Legal aid (application concerning forensic evidence retention period) certificate.<\/p>\n<p>27B.\u2014 &#8230;]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F37<br \/>\nInserted by Defence Forces (Evidence) Act 2022 (16\/2022), s. 94(c), not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C6<br \/>\nProspective affecting provision: section inserted by Defence Forces (Evidence) Act 2022 (16\/2022), s. 94(c), not commenced as of date of revision.<\/p>\n<p>F37[27B. (1) Where\u2014<\/p>\n<p>(a) a person appeals to the summary court-martial under section 37(6), 48(6) or 52(11) of the Act of 2022 or makes an application to the summary court-martial under section 45(1) or 60(6) of the Act of 2022, and<\/p>\n<p>(b) a certificate for free legal aid (in this Part referred to as a &#8220;legal aid (application concerning forensic evidence retention period) certificate&#8221;) is granted in respect of the person concerned by the prescribed authority,<\/p>\n<p>the person shall be entitled to free legal aid in the preparation and conduct of his or her appeal or the application, as the case may be, and to have a solicitor and counsel assigned to him or her for that purpose in such manner as may be prescribed by regulations under section 33 of this Act.<\/p>\n<p>(2) A legal aid (application concerning forensic evidence retention period) certificate shall be granted in respect of a person concerned if (but only if)\u2014<\/p>\n<p>(a) application is made therefor, and<\/p>\n<p>(b) it appears to the prescribed authority that the means of the person concerned are insufficient to enable him or her to obtain legal aid.]<\/p>\n<p>Section 28<\/p>\n<h4>Legal aid (Courts-Martial Appeal Court) certificate.<\/h4>\n<p>28.\u2014(1) Where\u2014<\/p>\n<p>F38[ (a) a person (in this section referred to as &#8220;the accused&#8221;)\u2014<\/p>\n<p>(i) is convicted by a court-martial, or<\/p>\n<p>(ii) is found to be unfit to take his trial pursuant to section 202 of the Act of 1954, or<\/p>\n<p>(iii) is found not guilty by reason of insanity pursuant to section 203 of the Act of 1954,<\/p>\n<p>and]<\/p>\n<p>(b) a certificate for free legal aid (in this Part of this Act referred to as \u201cF39[a legal aid (court-martial appeal) certificate]\u201d) is granted in respect of the accused by the prescribed authority or under subsection (3) of this section,<\/p>\n<p>the accused shall be entitled to free legal aid in the preparation and conduct of an appeal against the finding or sentence of the court-martial or against both such finding and such sentence F40[or against a decision by a court-martial to make or not to make an order of committal under section 202(1)(b) or section 203(2) of the Act of 1954] and to have a solicitor and counsel assigned to him for that purpose in such manner as may be prescribed by regulations under section 33 of this Act.<\/p>\n<p>(2) F39[A legal aid (court-martial appeal) certificate] shall be granted in respect of the accused if (but only if)\u2014<\/p>\n<p>(a) application is made therefor,<\/p>\n<p>(b) it appears to the prescribed authority that the means of the accused are insufficient to enable him to obtain legal aid, and<\/p>\n<p>(c) either\u2014<\/p>\n<p>(i) the conviction is F41[an offence for which a person would be required on conviction to be sentenced to imprisonment for life], or<\/p>\n<p>(ii) it appears to the prescribed authority that, by reason of the serious nature of the offence or of exceptional circumstances, it is essential in the interests of justice that the accused should have legal aid in the preparation and conduct of an appeal.<\/p>\n<p>(3) Where the accused is refused F39[a legal aid (court-martial appeal) certificate] by the prescribed authority, he may apply for the certificate to the Court either\u2014<\/p>\n<p>(a) by letter addressed to the registrar of the Court setting out the facts of the case and the grounds of the application, or<\/p>\n<p>(b) to the Court itself,<\/p>\n<p>and the Court shall grant the certificate if (but only if)\u2014<\/p>\n<p>(i) it appears to the Court that the means of the accused are insufficient to enable him to obtain legal aid, and<\/p>\n<p>(ii) either\u2014<\/p>\n<p>(I) the conviction is of F42[an offence for which a person would be required on conviction to be sentenced to imprisonment for life], or<\/p>\n<p>(II) it appears to the Court that, by reason of the serious nature of the offence or of exceptional circumstances, it is essential in the interests of justice that the accused should have legal aid in the preparation and conduct of an appeal.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F38<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 11 and sch. 4, S.I. No. 254 of 2008.<\/p>\n<p>F39<br \/>\nSubstituted (28.10.2014) by Court of Appeal Act 2014 (18\/2014), s. 49(b)(i), (ii), (iii), S.I. No. 479 of 2014.<\/p>\n<p>F40<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 11 and sch. 4, S.I. No. 254 of 2008.<\/p>\n<p>F41<br \/>\nSubstituted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1 para. 5(a), commenced on enactment.<\/p>\n<p>F42<br \/>\nSubstituted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1 para. 5(a), commenced on enactment.<\/p>\n<p>Section 29<\/p>\n<h4>Legal aid (Supreme Court) certificate.<\/h4>\n<p>29.\u2014(1) Where\u2014<\/p>\n<p>(a) a person (in this section referred to as \u201cthe accused\u201d) is charged with an offence against military law,<\/p>\n<p>(b) an appeal is brought to the Supreme Court from a determination of the Court in relation to the offence or the punishment (if any) imposed in respect thereof, and<\/p>\n<p>(c) a certificate for free legal aid (in this Part of this Act referred to as \u201ca legal aid (Supreme Court) certificate\u201d) is granted in respect of the accused by the Court or under subsection (3) of this section,<\/p>\n<p>the accused shall be entitled to free legal aid in the preparation and conduct of his case in relation to the appeal and to have a solicitor and counsel assigned to him for that purpose in such manner as may be prescribed by regulations under section 33 of this Act.<\/p>\n<p>(2) A legal aid (Supreme Court) certificate shall be granted if (but only if)\u2014<\/p>\n<p>(a) application is made therefor, and<\/p>\n<p>(b) it appears to the Court that the means of the accused are insufficient to enable him to obtain legal aid.<\/p>\n<p>(3) Where the accused is refused a legal aid (Supreme Court) certificate by the Court, he may apply for the certificate to the Supreme Court either\u2014<\/p>\n<p>(a) by letter addressed to the registrar of the Supreme Court setting out the facts of the case and the grounds of the application, or<\/p>\n<p>(b) to the Supreme Court itself,<\/p>\n<p>and the Supreme Court shall grant the certificate if (but only if) it appears to that court that the means of the accused are insufficient to enable him to obtain legal aid.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C7<br \/>\nProspective affecting provision: section repealed by Courts and Court Officers Act 1995 (31\/1995), s. 3 and sch. 1 part 2, not commenced as of date of revision.<\/p>\n<p>29.\u2014F1[\u2026]<\/p>\n<p>Section 30<\/p>\n<h4>Payment of expenses of legal aid.<\/h4>\n<p>30.\u2014(1) Where a legal aid (preliminary proceedings) certificate has been granted in respect of a person, any fees, costs or other expenses properly incurred in preparing and conducting the person&#8217;s case in relation to the proceedings to which the certificate relates shall, subject to regulations under section 33 of this Act, be paid out of moneys provided by the Oireachtas.<\/p>\n<p>(2) Where a legal aid (court-martial) certificate has been granted in respect of a person, any fees, costs or other expenses properly incurred in preparing and conducting the defence to which the certificate relates shall, subject to regulations under section 33 of this Act, be paid out of moneys provided by the Oireachtas.<\/p>\n<p>(3) Where F43[a legal aid (court-martial appeal) certificate] or a legal aid (Supreme Court) certificate has been granted in respect of a person, any fees, costs or other expenses properly incurred in preparing and conducting the person&#8217;s case in relation to the appeal to which the certificate relates shall, subject to regulations under section 33 of this Act, be paid out of moneys provided by the Oireachtas.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F43<br \/>\nSubstituted (28.10.2014) by Court of Appeal Act 2014 (18\/2014), s. 49(c), S.I. No. 479 of 2014.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C8<br \/>\nProspective affecting provision: words \u201cor a legal aid (Supreme Court) certificate\u201d, repealed by Courts and Court Officers Act 1995 (31\/1995), s. 3 and sch. 1 part 2, not commenced as of date of revision.<\/p>\n<p>30.\u2014 &#8230;<\/p>\n<p>(3) Where a legal aid (Courts-Martial Appeal Court) certificate F1[\u2026] has been granted in respect of a person, any fees, costs or other expenses properly incurred in preparing and conducting the person&#8217;s case in relation to the appeal to which the certificate relates shall, subject to regulations under section 33 of this Act, be paid out of moneys provided by the Oireachtas.<\/p>\n<p>Section 31<\/p>\n<h4>Restriction of section 18.<\/h4>\n<p>31.\u2014(1) Where a legal aid (preliminary proceedings) certificate or a legal aid (court-martial) certificate has been granted in respect of a person, the Court shall not have jurisdiction under section 18 of this Act to award costs to the person in respect of proceedings in relation to which the certificate applies.<\/p>\n<p>(2) Where F44[a legal aid (court-martial appeal) certificate] has been granted in respect of a person, the Court shall not have jurisdiction under section 18 of this Act to award costs to the person in respect of court proceedings in relation to which the certificate applies.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F44<br \/>\nSubstituted (28.10.2014) by Court of Appeal Act 2014 (18\/2014), s. 49(d), S.I. No. 479 of 2014.<\/p>\n<p>Section 32<\/p>\n<h4>Statement as to means.<\/h4>\n<p>32.\u2014Before a person is granted a legal aid certificate he may be required by the prescribed authority, the court or the judge, as the case may be, granting the certificate to furnish a written statement in such form as may be prescribed by the Minister by regulations under section 33 of this Act about matters relevant for determining whether his means are insufficient to enable him to obtain legal aid.<\/p>\n<p>Section 33<\/p>\n<h4>Regulations.<\/h4>\n<p>33.\u2014(1) The Minister may make regulations for carrying this Part of this Act into effect and the regulations may, in particular, prescribe\u2014<\/p>\n<p>(a) the form of legal aid certificates,<\/p>\n<p>(b) the rates or scales of payment of any fees, costs or other expenses payable out of moneys provided by the Oireachtas pursuant to such certificates, and<\/p>\n<p>(c) the manner in which solicitors and counsel are to be assigned pursuant to such certificates.<\/p>\n<p>(2) Regulations under this section in relation to the matters specified in paragraph (b) of subsection (1) of this section shall not be made without the consent of the Minister for Finance.<\/p>\n<p>F45[(2A) Without prejudice to the generality of subsection (1), regulations under this section may, in relation to the functions of a military judge provided for in those regulations, include provisions required for the performance of the functions of a military judge by a Circuit Judge who, pursuant to section 184LA of the Act of 1954 is temporarily designated to perform such functions under section 11A of the Act of 1947.]<\/p>\n<p>(3) Every regulation made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to anything previously done thereunder.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F45<br \/>\nInserted (9.11.2011) by Defence (Amendment) Act 2011 (17\/2011), s. 11(d), S.I. No. 568 of 2011.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C9<br \/>\nFunctions transferred and references to \u201cDepartment of Finance\u201d and \u201cMinister for Finance\u201d construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.<\/p>\n<p>2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.<\/p>\n<p>(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.<\/p>\n<p>3. The functions conferred on the Minister for Finance by or under the provisions of \u2014<\/p>\n<p>(a) the enactments specified in Schedule 1, and<\/p>\n<p>(b) the statutory instruments specified in Schedule 2,<\/p>\n<p>are transferred to the Minister for Public Expenditure and Reform.<\/p>\n<p>&#8230;<\/p>\n<p>5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.<\/p>\n<p>&#8230;<\/p>\n<p>Schedule 1<\/p>\n<p>Enactments<\/p>\n<p>&#8230;<\/p>\n<p>Part 2<\/p>\n<p>1922 to 2011 Enactments<\/p>\n<p>Number and Year<\/p>\n<p>Short Title<\/p>\n<p>Provision<\/p>\n<p>(1)<\/p>\n<p>(2)<\/p>\n<p>(3)<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>No. 19 of 1983<\/p>\n<p>Courts-Martial Appeals Act 1983<\/p>\n<p>Sections 33(2) and 34(2)<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>Editorial Notes:<\/p>\n<p>E18<br \/>\nPower pursuant to section exercised (12.11.2011) by Courts-Martial (Legal Aid) (Amendment) Regulations 2011 (S.I. No. 579 of 2011).<\/p>\n<p>E19<br \/>\nPower pursuant to section exercised (30.06.2010) by Courts-Martial (Legal Aid) (Amendment) Regulations 2010 (S.I. No. 327 of 2010).<\/p>\n<p>E20<br \/>\nPower pursuant to section exercised (2.07.2008) by Courts-Martial (Legal Aid) Regulations 2008 (S.I. No. 206 of 2008).<\/p>\n<p>E21<br \/>\nPrevious affecting provision: power pursuant to section exercised (27.04.2009) by Courts-Martial (Legal Aid) (Amendment) Regulations 2009 (S.I. No. 153 of 2009); revoked (30.06.2010) by Courts-Martial (Legal Aid) (Amendment) Regulations 2010 (S.I. No. 327 of 2010), reg. 6 .<\/p>\n<p>E22<br \/>\nPrevious affecting provision: power pursuant to section exercised (1.01.1993) by Courts-Martial (Legal Aid) Regulations 1993 (S.I. No. 309 of 1993); revoked (2.07.2008) by Courts-Martial (Legal Aid) Regulations 2008 (S.I. No. 206 of 2008), reg. 19.<\/p>\n<p>E23<br \/>\nPrevious affecting provision: power pursuant to section exercised (1.01.1991) by Courts-Martial (Legal Aid) Regulations 1991 (S.I. No. 210 of 1991); revoked (2.07.2008) by Courts-Martial (Legal Aid) Regulations 2008 (S.I. No. 206 of 2008), reg. 19.<\/p>\n<p>E24<br \/>\nPrevious affecting provision: power pursuant to section exercised (1.01.1990) by Courts-Martial (Legal Aid) Regulations 1990 (S.I. No. 68 of 1990); revoked (2.07.2008) by Courts-Martial (Legal Aid) Regulations 2008 (S.I. No. 206 of 2008), reg. 19.<\/p>\n<p>E25<br \/>\nPrevious affecting provision: power pursuant to section exercised (1.01.1989) by Courts-Martial (Legal Aid) Regulations 1989 (S.I. No. 25 of 1989); revoked (2.07.2008) by Courts-Martial (Legal Aid) Regulations 2008 (S.I. No. 206 of 2008), reg. 19.<\/p>\n<p>E26<br \/>\nPrevious affecting provision: power pursuant to section exercised (27.04.1988) by Courts-Martial (Legal Aid) Regulations 1988 (S.I. No. 125 of 1988); revoked (2.07.2008) by Courts-Martial (Legal Aid) Regulations 2008 (S.I. No. 206 of 2008), reg. 19.<\/p>\n<p>E27<br \/>\nPrevious affecting provision: power pursuant to section exercised (1.01.1987) by Courts-Martial (Legal Aid) Regulations 1987 (S.I. No. 46 of 1987); revoked (2.07.2008) by Courts-Martial (Legal Aid) Regulations 2008 (S.I. No. 206 of 2008), reg. 19.<\/p>\n<p>E28<br \/>\nPrevious affecting provision: power pursuant to section exercised (16.12.1986) by Courts-Martial (Legal Aid) Regulations 1986 (S.I. No. 425 of 1986); revoked (2.07.2008) by Courts-Martial (Legal Aid) Regulations 2008 (S.I. No. 206 of 2008), reg. 19.<\/p>\n<p>Section 34<\/p>\n<h4>Penalty for false or misleading statements.<\/h4>\n<p>34.\u2014(1) A person who, for the purpose of obtaining free legal aid under this Part of this Act, whether for himself or some other person, knowingly makes a false statement or false representation either verbally or in writing or knowingly conceals any material fact shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding F46[\u20ac2,000] or to imprisonment for a term not exceeding six months or to both.<\/p>\n<p>(2) Upon conviction of a person of an offence under this section, the court by which the person is convicted may, if in the circumstances of the case the court so thinks fit, order the person to pay to the Minister the whole or part (as the court considers appropriate) of any sum paid under section 30 of this Act in respect of the free legal aid in relation to which the offence was committed, and any sum paid to the Minister pursuant to this section shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F46<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 11 and sch. 4, S.I. No. 254 of 2008. A fine of \u20ac2,000 translates into a class C fine not exceeding \u20ac2,500 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 6(3), S.I. No. 662 of 2010.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C10<br \/>\nFunctions transferred and references to \u201cDepartment of Finance\u201d and \u201cMinister for Finance\u201d construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.<\/p>\n<p>2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.<\/p>\n<p>(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.<\/p>\n<p>3. The functions conferred on the Minister for Finance by or under the provisions of \u2014<\/p>\n<p>(a) the enactments specified in Schedule 1, and<\/p>\n<p>(b) the statutory instruments specified in Schedule 2,<\/p>\n<p>are transferred to the Minister for Public Expenditure and Reform.<\/p>\n<p>&#8230;<\/p>\n<p>5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.<\/p>\n<p>&#8230;<\/p>\n<p>Schedule 1<\/p>\n<p>Enactments<\/p>\n<p>&#8230;<\/p>\n<p>Part 2<\/p>\n<p>1922 to 2011 Enactments<\/p>\n<p>Number and Year<\/p>\n<p>Short Title<\/p>\n<p>Provision<\/p>\n<p>(1)<\/p>\n<p>(2)<\/p>\n<p>(3)<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>No. 19 of 1983<\/p>\n<p>Courts-Martial Appeals Act 1983<\/p>\n<p>Sections 33(2) and 34(2)<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<h2>DEFENCE FORCES (EVIDENCE) ACT 2022<\/h2>\n<p>An Act to amend the law to authorise the taking of bodily samples from military persons suspected of certain offences under military law for forensic testing; to provide for the taking of certain bodily samples from military persons or other persons who volunteer to have such samples taken from them for the purpose of the investigation of offences or incidents that may have involved the commission of offences under military law; to provide for the establishment and operation by Forensic Science Ireland of the Department of Justice and Equality of a DNA (Military Police) Database System; to provide for the purposes of that System; to provide for the taking of certain bodily samples from persons suspected of certain offences under military law for the purpose of generating DNA profiles in respect of those persons to be entered in the DNA (Military Police) Database System; to provide for the taking of certain bodily samples from certain persons for elimination purposes and, where appropriate, the entry of their DNA profiles in the DNA (Military Police) Database System; to provide for the taking of bodily samples from military persons, or samples from things, for the purpose of generating DNA profiles to be entered in the DNA (Military Police) Database System; to provide for the collection and analysis of other evidence; to provide, in certain circumstances, for the destruction of evidence and samples taken under this Act and the destruction, or removal from the DNA (Military Police) Database System, of any DNA profiles generated from those samples; to amend the Defence Act 1954 , the Courts-Martial Appeals Act 1983 and the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 ; and to provide for related matters.<\/p>\n<p>[6th July, 2022]<\/p>\n<p>Be it enacted by the Oireachtas as follows:<\/p>\n<p>PART 1<\/p>\n<h4>Preliminary and General<\/h4>\n<p>Short title and commencement<\/p>\n<p>1. (1) This Act may be cited as the Defence Forces (Evidence) Act 2022.<\/p>\n<p>(2) This Act shall come into operation on such day or days as the Minister may by orderpart or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.<\/p>\n<h4>Interpretation<\/h4>\n<p>2. (1) In this Act\u2014<\/p>\n<p>\u201cAct of 1954\u201d means the Defence Act 1954;<\/p>\n<p>\u201cAct of 2014\u201d means the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 ;<\/p>\n<p>\u201cbody\u201d, in relation to a deceased human person (including a foetus or stillborn child), means the body or a part of the body of the person and includes the decomposed or cremated remains of the person;<\/p>\n<p>\u201cconviction\u201d, other than in section 65 (3), means a conviction by court-martial;<\/p>\n<p>\u201ccourt\u201d, other than in section 35 (2), includes a court-martial;<\/p>\n<p>\u201ccourt-martial\u201d, when used without qualification, means a general court-martial, a limited court-martial or a summary court-martial;<\/p>\n<p>\u201ccrime scene\u201d shall be construed in accordance with section 27 (2);<\/p>\n<p>\u201ccrime scene (Military Police) index\u201d, in relation to the DNA (Military Police) Database System, shall be construed in accordance with section 27 ;<\/p>\n<p>\u201ccrime scene sample\u201d, other than in section 78 , means a sample of biological material found at, or recovered from, a crime scene from which a DNA profile in respect of a person may be generated;<\/p>\n<p>\u201cDefence Forces\u201d has the same meaning as it has in the Act of 1954;<\/p>\n<p>\u201cDirector of FSI\u201d means the officer who is, for the time being, in charge of FSI;<\/p>\n<p>\u201cDirector of Military Prosecutions\u201d means the person appointed, for the time being, under section 184C of the Act of 1954;<\/p>\n<p>\u201cDNA\u201d means deoxyribonucleic acid;<\/p>\n<p>\u201cDNA Database System\u201d has the same meaning as it has in the Act of 2014;<\/p>\n<p>\u201cDNA (Military Police) Database System\u201d has the meaning assigned to it by section 25 ;<\/p>\n<p>\u201cDNA profile\u201d, in relation to a person, means information comprising a set of identification characteristics of the non-coding part of DNA derived from an examination and analysis of a sample of biological material that is clearly identifiable as relating to the person and that is capable of comparison with similar information derived from an examination and analysis of another sample of biological material for the purpose of determining whether or not that other sample could relate to that person;<\/p>\n<p>\u201celimination (Military Police) index\u201d, in relation to the DNA (Military Police) Database System, shall be construed in accordance with section 29 ;<\/p>\n<p>\u201cenactment\u201d means a statute or an instrument made under a power conferred by statute;<\/p>\n<p>\u201cforensic testing\u201d, in relation to a sample (other than in sections 78 and 79 ), means the examination and analysis of the sample and the carrying out of biochemical or other scientific tests and techniques used in connection with the detection and investigation of crime on the sample and, if appropriate, includes the generation of a DNA profile from the sample in respect of a person;<\/p>\n<p>\u201cFSI\u201d means Forensic Science Ireland of the Department of Justice and Equality;<\/p>\n<p>\u201cinadequately labelled\u201d, in relation to a sample, means incorrectly labelled or labelled in such a manner that it is not possible to identify with certainty the person from whom the sample was taken;<\/p>\n<p>\u201cinsufficient\u201d, in relation to a sample, means, subject to section 4 (5), insufficient in quantity or quality for the purpose of enabling information to be produced by the means of analysis used or to be used in relation to the sample for the forensic testing of it;<\/p>\n<p>\u201cintimate sample\u201d means any of the following taken, or to be taken, from a person under section 10 :<\/p>\n<p>(a) a sample of\u2014<\/p>\n<p>(i) blood,<\/p>\n<p>(ii) pubic hair, or<\/p>\n<p>(iii) urine;<\/p>\n<p>(b) a swab from a genital region or a body orifice other than the mouth;<\/p>\n<p>(c) a dental impression;<\/p>\n<p>\u201citem of forensic evidence\u201d means a sample, swab, specimen, impression or print obtained from a person under section 34 ;<\/p>\n<p>\u201cmatch\u201d, in relation to two DNA profiles, means that there is such a degree of correspondence between them that they are indistinguishable and it is probable that they relate to the same person, and the degree of that probability can be indicated statistically;<\/p>\n<p>\u201cmember of the Military Police\u201d means a member of the Defence Forces appointed or transferred to the Military Police Corps;<\/p>\n<p>\u201cmember of the staff of FSI\u201d means an officer of the Minister for Justice and Equality who is assigned to perform duties in FSI;<\/p>\n<p>\u201cmilitary installation\u201d means a place or building (or portion thereof) occupied by, used by, or under the control (whether temporarily or otherwise) of the Defence Forces;<\/p>\n<p>\u201cMinister\u201d means the Minister for Defence;<\/p>\n<p>\u201cnon-coding part of DNA\u201d, in relation to a person, means the chromosome regions of the person\u2019s DNA that are not known to provide for any functional properties of the person;<\/p>\n<p>\u201cnon-intimate sample\u201d means any of the following taken, or to be taken, from a person under section 11 :<\/p>\n<p>(a) a sample of\u2014<\/p>\n<p>(i) saliva,<\/p>\n<p>(ii) hair other than pubic hair,<\/p>\n<p>(iii) a nail, or<\/p>\n<p>(iv) any material found under a nail;<\/p>\n<p>(b) a swab from any part of the body including the mouth but not from any other body orifice or a genital region;<\/p>\n<p>(c) a skin impression;<\/p>\n<p>\u201coffence against military law\u201d has the same meaning as it has in the Act of 1954;<\/p>\n<p>\u201cprescribed\u201d, other than in section 5 (4), means prescribed by regulations made by the Minister under section 5 ;<\/p>\n<p>\u201cprovost marshal\u201d means the person standing appointed, for the time being, under section 170 of the Act of 1954;<\/p>\n<p>\u201creference (Military Police) index\u201d, in relation to the DNA (Military Police) Database System, shall be construed in accordance with section 28 ;<\/p>\n<p>\u201cregistered dentist\u201d means a person whose name is entered for the time being in the Register of Dentists established under section 26 of the Dentists Act 1985 ;<\/p>\n<p>\u201cregistered medical practitioner\u201d means a person who is a registered medical practitioner within the meaning of section 2 of the Medical Practitioners Act 2007 ;<\/p>\n<p>\u201cregistered nurse\u201d means a person whose name is entered for the time being in the nurses division of the register of nurses and midwives established under section 46 of the Nurses and Midwives Act 2011 ;<\/p>\n<p>\u201crelevant offence\u201d means an offence, other than a scheduled offence within the meaning of section 176A of the Act of 1954, committed or alleged to have been committed by a person arrested pursuant to section 171 of that Act for which a person may be punished by imprisonment for a term of 5 years or more;<\/p>\n<p>\u201csample\u201d, other than in Part 6 , means a sample taken, or to be taken, from a person under Part 2 , 3 or 4 and, if the context so requires, a crime scene sample;<\/p>\n<p>\u201cservice custody\u201d has the same meaning as it has in the Act of 1954;<\/p>\n<p>\u201cskin impression\u201d, in relation to a person, means any record (other than a fingerprint) which is a record (in any form and produced by any method) of the skin pattern and other physical characteristics or features of the whole or any part of his or her foot or of any other part of his or her body;<\/p>\n<p>\u201cspecified military installation\u201d means a military installation specified by a member of the Military Police.<\/p>\n<p>(2) References in section 9 and in Part 3 or 4 to a sample, in relation to a person, means a sample of hair other than pubic hair of the person or a swab from the mouth of the person.<\/p>\n<p>(3) In this Act, references to the mouth of a person shall be construed as including references to the inside of the mouth of the person.<\/p>\n<p>(4) In this Act, references to a person subject to military law shall be construed in accordance with section 2 of the Act of 1954.<\/p>\n<h4>Application of Act to persons subject to military law<\/h4>\n<p>3. (1) The application of this Act to a person subject to military law shall not be affected by such person being, for the time being, outside the State or on board a ship or aircraft.<\/p>\n<p>(2) Where proceedings are initiated against a person\u2014<\/p>\n<p>(a) who is subject to military law, or<\/p>\n<p>(b) who has, since commission of the offence to which the proceedings relate, ceased to be subject to military law, in a case in which the proceedings have been initiated within 6 months beginning on the date on which the person ceased to be subject to military law,<\/p>\n<p>the following may be used in the proceedings:<\/p>\n<p>(i) a sample obtained under section 10 or 11 ;<\/p>\n<p>(ii) the results of the forensic testing of a sample obtained under section 10 or 11 ;<\/p>\n<p>(iii) a DNA profile generated under section 10 or 11 ;<\/p>\n<p>(iv) an item of forensic evidence, photograph or other item obtained under section 34 ;<\/p>\n<p>(v) the results of the forensic testing of an item of forensic evidence or other item obtained under section 34 ;<\/p>\n<p>(vi) the results of any analysis, testing or comparison carried out under section 42 .<\/p>\n<h4>Supplementary provisions relating to samples and DNA profiles<\/h4>\n<p>4. (1) In this Act, references to the giving of information regarding the effect of the entry of a DNA profile in respect of a person in any index of the DNA (Military Police) Database System shall include references to the giving of information regarding the following:<\/p>\n<p>(a) that the DNA profile may be compared with other DNA profiles in the DNA (Military Police) Database System under section 32 ;<\/p>\n<p>(b) that the DNA profile may be compared with other DNA profiles in the DNA Database System under section 32 ;<\/p>\n<p>(c) the effect of the DNA profile matching another DNA profile in the DNA (Military Police) Database System or matching another DNA profile in the DNA Database System;<\/p>\n<p>(d) in the case of a DNA profile entered, or to be entered, in the reference index of the DNA (Military Police) Database System, other than a DNA profile entered, or to be entered, in that index of that System under section 24 , that the DNA profile may be subject to an automated search or an automated comparison with DNA profiles under Chapter 2 of Part 12 of the Act of 2014 and the effect of the DNA profile matching another DNA profile following such an automated search or automated comparison.<\/p>\n<p>(2) In this Act, references to a person giving his or her consent in writing to the taking of a sample under this Act shall include references to\u2014<\/p>\n<p>(a) the person signing a document, or<\/p>\n<p>(b) in case the person is unable to write, the person making his or her mark on a document,<\/p>\n<p>to indicate his or her consent.<\/p>\n<p>(3) Where a sample of hair other than pubic hair is taken from a person under this Act\u2014<\/p>\n<p>(a) the sample may be taken by plucking hairs with their roots and, in so far as it is reasonably practicable, the hairs shall be plucked singly, and<\/p>\n<p>(b) no more hairs shall be plucked than the person taking the sample reasonably considers necessary to constitute a sufficient sample for the purpose of forensic testing.<\/p>\n<p>(4) For the purposes of sections 10 and 11 , a sample taken from a person includes a sample taken from the person that consists of matter from the body of another person.<\/p>\n<p>(5) References in this Act to a sample proving to be insufficient (within the meaning of section 2 (1)) shall include references to where, as a consequence of\u2014<\/p>\n<p>(a) the loss, destruction or contamination of the whole or any part of the sample,<\/p>\n<p>(b) any damage to the whole or a part of the sample, or<\/p>\n<p>(c) the use of the whole or a part of the sample for analysis which produced no results or which produced results some or all of which have to be regarded, in the circumstances, as unreliable,<\/p>\n<p>the sample has become unavailable or insufficient for the purpose of enabling information, or information of a particular description, to be obtained by means of analysis of the sample.<\/p>\n<p>(6) Where an authorisation to take a sample from a person under this Act is given, nothing in this Act shall require such an authorisation to be given again to re-take such a sample from the person if the first or previous such sample taken from the person proves to be insufficient or, where appropriate, is inadequately labelled and the insufficiency or, as may be appropriate, the inadequate labelling of that sample is apparent within a period of one hour of the taking of that sample.<\/p>\n<p>(7) Subject to subsections (9) and (11), a person who is required under Part 7 to destroy, or cause to be destroyed, a sample taken under this Act shall ensure that the sample, and every record relating to the sample insofar as it identifies the person from whom the sample has been taken, are destroyed.<\/p>\n<p>(8) Subject to subsection (11), a person who is required under Part 7 to destroy, or cause to be destroyed, a DNA profile generated from a sample taken under this Act shall ensure that the DNA profile, and every record relating to the DNA profile insofar as it identifies the person to whom the DNA profile relates, are destroyed.<\/p>\n<p>(9) Nothing in subsection (7) shall require\u2014<\/p>\n<p>(a) the removal from the DNA (Military Police) Database System of a DNA profile that may be retained in that System in accordance with this Act, or<\/p>\n<p>(b) the destruction of a record that is required to identify the person to whom a DNA profile referred to in paragraph (a) relates.<\/p>\n<p>(10) Subject to subsection (11), where the Director of FSI is required under Part 7 to remove, or cause to be removed, a DNA profile from the DNA (Military Police) Database System, he or she shall ensure that that System is altered in a manner such that it is no longer possible to identify the person to whom the DNA profile related.<\/p>\n<p>(11) Subsections (7), (8) and (10) shall operate in a manner that permits the provost marshal, the Director of FSI or other person referred to in section 61 \u2014<\/p>\n<p>(a) to retain such records as may be required by him or her to show that that section has been complied with, and<\/p>\n<p>(b) to retain such records as may be required by him or her to show that section 62 has been complied with.<\/p>\n<p>(12) In subsections (7), (8), (9) and (11), \u201crecord\u201d, in relation to a sample or a DNA profile, includes a copy of a record.<\/p>\n<p>Orders and regulations<\/p>\n<p>5. (1) The Minister may make such orders as are provided for in this Act.<\/p>\n<p>(2) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed or for the purpose of enabling any provision of this Act to have full effect.<\/p>\n<p>(3) An order or regulation under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the order or regulation, as the case may be.<\/p>\n<p>(4) The Minister may prescribe by order\u2014<\/p>\n<p>(a) a form of certificate referred to in section 75 or 79 , or<\/p>\n<p>(b) a form of authorisation given under section 9 (2), 10 (2)(a), 11 (2), 14 (1)(i), 15 (2), 16 (3)(i) or 34 (2).<\/p>\n<p>(5) Every order (other than an order under section 1 (2)) or regulation under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.<\/p>\n<p>Expenses<\/p>\n<p>6. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.<\/p>\n<p>Objective of processing personal data<\/p>\n<p>7. (1) The objective of the processing of personal data under this Act is to enhance and supplement the powers of members of the Military Police relating to the investigation of offences against military law.<\/p>\n<p>(2) In this section, \u201cpersonal data\u201d has the same meaning as it has in Directive (EU) 2016\/680 of the European Parliament and of the Council of 27 April 20161 .<\/p>\n<p>PART 2<\/p>\n<h4>Taking of samples from persons in custody of Military Police<\/h4>\n<p>Power to take samples from person who is subject to military law<\/p>\n<p>8.A sample under section 9 , an intimate sample, a non-intimate sample or more than one sample may be taken from a person who is subject to military law.<\/p>\n<p>Taking of samples from persons in custody of Military Police for purposes of DNA (Military Police) Database System<\/p>\n<p>9. (1) Subject to this Act, a member of the Military Police may take, or cause to be taken, from a person who is placed in service custody in connection with a relevant offence, a sample for the purpose of generating a DNA profile in respect of the person to be entered in the reference (Military Police) index of the DNA (Military Police) Database System.<\/p>\n<p>(2) A sample may only be taken from a person under subsection (1) if a member of the Military Police not below the rank of captain authorises it to be taken.<\/p>\n<p>(3) Before a member of the Military Police takes, or causes to be taken, a sample under this section from a person, the member shall inform the person of the following:<\/p>\n<p>(a) that an authorisation to take the sample from him or her has been given under subsection (2);<\/p>\n<p>(b) in a case in which a sample already taken under this section from the person has proved to be insufficient\u2014<\/p>\n<p>(i) that that sample has proved to be insufficient, and<\/p>\n<p>(ii) that either\u2014<\/p>\n<p>(I) another authorisation under subsection (2) is not, by virtue of section 4 (6), required, or<\/p>\n<p>(II) an authorisation to take a second sample from him or her has, in accordance with section 16 (1), been given under subsection (2);<\/p>\n<p>(c) that if the person fails or refuses to allow the sample to be taken from him or her, reasonable force may be used in accordance with section 15 ;<\/p>\n<p>(d) that the sample will be used to generate a DNA profile in respect of the person to be entered in the reference (Military Police) index of the DNA (Military Police) Database System and the effect of such an entry;<\/p>\n<p>(e) that the sample, or the DNA profile generated from the sample in respect of the person, may be transmitted or provided to a person or body in connection with the investigation of offences against military law and court-martial proceedings (whether within or outside the State) as provided for in, or permitted by, this Act;<\/p>\n<p>(f) that the sample may be destroyed, and the DNA profile in respect of the person entered in the reference (Military Police) index of the DNA (Military Police) Database System may be removed from that System, in accordance with Part 7 .<\/p>\n<p>Taking of intimate samples from persons in custody of Military Police<\/p>\n<p>10. (1) Subject to this Act, a member of the Military Police may take, or cause to be taken, from a person who is placed in service custody in connection with a relevant offence, an intimate sample under this sectionfor the purposes of forensic testing and, if appropriate, the generation of a DNA profile in respect of the person to be entered in the reference (Military Police) index of the DNA (Military Police) Database System.<\/p>\n<p>(2) An intimate sample may be taken under this section only if\u2014<\/p>\n<p>(a) a member of the Military Police not below the rank of captain authorises it to be taken for the purposes specified in subsection (1), and<\/p>\n<p>(b) consent has been given in writing to the taking of the sample by the person from whom the sample is to be taken.<\/p>\n<p>(3) An authorisation to take an intimate sample under this section shall not be given unless the member of the Military Police giving it has reasonable grounds\u2014<\/p>\n<p>(a) for suspecting the involvement of the person from whom the sample is to be taken in the commission of the relevant offence in respect of which he or she is placed in service custody, and<\/p>\n<p>(b) for believing that the sample will tend to confirm or disprove the involvement of that person in the commission of that offence.<\/p>\n<p>(4) Before a member of the Military Police seeks the consent of a person, from whom an intimate sample is required, to the taking of such a sample or the member takes, or causes to be taken, such a sample from the person, the member shall inform the person of the following:<\/p>\n<p>(a) the nature of the relevant offence in the commission of which it is suspected that the person has been involved;<\/p>\n<p>(b) that an authorisation to take the sample from him or her has been given under subsection (2)(a) and the grounds on which it has been given;<\/p>\n<p>(c) in a case in which an intimate sample already taken from the person has proved to be insufficient\u2014<\/p>\n<p>(i) that that sample has proved to be insufficient, and<\/p>\n<p>(ii) that either\u2014<\/p>\n<p>(I) another authorisation under subsection (2)(a) is not, by virtue of section 4 (6), required, or<\/p>\n<p>(II) an authorisation to take a second intimate sample from him or her has, in accordance with section 16 (1), been given under subsection (2)(a) and the grounds on which it has been given;<\/p>\n<p>(d) that the results of the forensic testing of the sample may be given in evidence in any proceedings;<\/p>\n<p>(e) if appropriate, that the sample will be used to generate a DNA profile in respect of the person to be entered in the reference (Military Police) index of the DNA (Military Police) Database System and the effect of such an entry;<\/p>\n<p>(f) that the sample, or the DNA profile generated from the sample in respect of the person, may be transmitted or provided to a person or body in connection with the investigation of offences against military law and court-martial proceedings (whether within or outside the State) as provided for in, or permitted by, this Act;<\/p>\n<p>(g) that the sample may be destroyed, and, if appropriate, the DNA profile in respect of the person entered in the reference (Military Police) index of the DNA (Military Police) Database System may be removed from that System, in accordance with Part 7 .<\/p>\n<p>(5) If a person expressly withdraws the consent given under subsection (2)(b) (or if the withdrawal of that consent can reasonably be inferred from the conduct of the person) before or during the taking of an intimate sample under this section\u2014<\/p>\n<p>(a) that withdrawal of consent shall be treated as a refusal to give the consent to the taking of the sample under this section, and<\/p>\n<p>(b) the provisions of this Part shall apply accordingly.<\/p>\n<p>(6) A withdrawal under subsection (5) of the consent given under subsection (2)(b) shall be recorded in writing by a member of the Military Police as soon as practicable after such withdrawal.<\/p>\n<p>(7) The consent given under subsection (2)(b) to the taking of an intimate sample under this section may not be withdrawn after the sample has been taken.<\/p>\n<p>Taking of non-intimate samples from persons in custody of Military Police<\/p>\n<p>11. (1) Subject to this Act, a member of the Military Police may take, or cause to be taken, from a person who is placed in service custody in connection with a relevant offence, a non-intimate sample under this section for the purposes of forensic testing and, if appropriate, the generation of a DNA profile in respect of the person to be entered in the reference (Military Police) index of the DNA (Military Police) Database System.<\/p>\n<p>(2) A non-intimate sample may be taken under this section only if a member of the Military Police not below the rank of captain authorises it to be taken for the purposes specified in subsection (1).<\/p>\n<p>(3) An authorisation to take a non-intimate sample under this section shall not be given unless the member of the Military Police giving it has reasonable grounds\u2014<\/p>\n<p>(a) for suspecting the involvement of the person from whom the sample is to be taken in the commission of the relevant offence in respect of which he or she is placed in service custody, and<\/p>\n<p>(b) for believing that the sample will tend to confirm or disprove the involvement of that person in the commission of that offence.<\/p>\n<p>(4) Before a member of the Military Police takes, or causes to be taken, a non-intimate sample from a person, the member shall inform the person of the following:<\/p>\n<p>(a) the nature of the relevant offence in the commission of which it is suspected that the person has been involved;<\/p>\n<p>(b) that an authorisation to take the sample from him or her has been given under subsection (2) and the grounds on which it has been given;<\/p>\n<p>(c) in a case in which a non-intimate sample already taken from the person has proved to be insufficient or was inadequately labelled\u2014<\/p>\n<p>(i) that that sample has proved to be insufficient or was inadequately labelled, as may be appropriate, and<\/p>\n<p>(ii) that either\u2014<\/p>\n<p>(I) another authorisation under subsection (2) is not, by virtue of section 4 (6), required, or<\/p>\n<p>(II) an authorisation to take a second non-intimate sample from him or her has, in accordance with section 16 (1), been given under subsection (2) and the grounds on which it has been given;<\/p>\n<p>(d) if appropriate, that if the person fails or refuses to allow the sample to be taken from him or her, reasonable force may be used in accordance with section 15 ;<\/p>\n<p>(e) that the results of the forensic testing of the sample may be given in evidence in any proceedings;<\/p>\n<p>(f) if appropriate, that the sample will be used to generate a DNA profile in respect of the person to be entered in the reference (Military Police) index of the DNA (Military Police) Database System and the effect of such an entry;<\/p>\n<p>(g) that the sample, or the DNA profile generated from the sample in respect of the person, may be transmitted or provided to a person or body in connection with the investigation of offences against military law and court-martial proceedings (whether within or outside the State) as provided for in, or permitted by, this Act;<\/p>\n<p>(h) that the sample may be destroyed, and, if appropriate, the DNA profile in respect of the person entered in the reference (Military Police) index of the DNA (Military Police) Database System may be removed from that System, in accordance with Part 7 .<\/p>\n<p>Persons authorised to take intimate samples<\/p>\n<p>12. (1) A sample of blood or pubic hair or a swab from a genital region or a body orifice other than the mouth may be taken under this Part only by a registered medical practitioner or a registered nurse.<\/p>\n<p>(2) A dental impression may be taken under this Part only by a registered dentist or a registered medical practitioner.<\/p>\n<p>(3) An intimate sample other than a sample of blood or a dental impression shall, in so far as practicable, be taken by a person who is of the same sex as the person from whom the sample is being taken under this Part.<\/p>\n<p>Inferences from refusal to consent, or withdrawal of consent, to taking of intimate sample<\/p>\n<p>13. (1) Subject to subsection (5), this section applies where, in any proceedings against a person for a relevant offence, evidence is given that the accused\u2014<\/p>\n<p>(a) refused without reasonable cause to give the consent required under section 10 (2)(b), or<\/p>\n<p>(b) without reasonable cause withdrew the consent given thereunder.<\/p>\n<p>(2) Where this section applies\u2014<\/p>\n<p>(a) the court-martial (or, subject to the military judge\u2019s directions, the court-martial board), in determining whether the accused is guilty of the relevant offence charged (or of any offence against military law of which he or she could lawfully be convicted on that charge), may draw such inferences from the refusal or withdrawal concerned, as the case may be, as appear proper, and<\/p>\n<p>(b) the refusal or withdrawal concerned may, on the basis of such inferences, be treated as, or as being capable of amounting to, corroboration of any evidence in relation to which the refusal or withdrawal is material.<\/p>\n<p>(3) A person shall not be convicted of the relevant offence charged concerned (or of any offence against military law of which he or she could lawfully be convicted on that charge) solely or mainly on an inference drawn from the refusal or withdrawal concerned.<\/p>\n<p>(4) Subsection (2) shall not have effect in relation to an accused unless\u2014<\/p>\n<p>(a) he or she has been told in ordinary language by a member of the Military Police when seeking his or her consent that\u2014<\/p>\n<p>(i) the sample was required for the purpose of forensic testing,<\/p>\n<p>(ii) his or her consent was necessary, and<\/p>\n<p>(iii) if his or her consent was not given, what the effect of a refusal or withdrawal by him or her of such consent might be,<\/p>\n<p>and<\/p>\n<p>(b) he or she was informed before such refusal or withdrawal of consent occurred that he or she had the right to consult a solicitor and, other than where he or she waived that right, he or she was afforded an opportunity to so consult before such refusal or withdrawal occurred.<\/p>\n<p>(5) This section shall not apply to a refusal by a person to give consent, or the withdrawal of such consent, unless the seeking of such consent by a member of the Military Police is recorded by electronic or similar means or the person consents in writing to it not being so recorded.<\/p>\n<p>(6) In this section, \u201cmilitary judge\u201d means a person appointed, for the time being, under section 184J of the Act of 1954.<\/p>\n<p>When sample taken for purposes of DNA (Military Police) Database System may also be used for evidential purposes<\/p>\n<p>14. (1) Where a person is placed in service custody for a period in connection with a relevant offence and\u2014<\/p>\n<p>(a) a sample is taken from the person under section 9 during the period, and<\/p>\n<p>(b) a non-intimate sample is required from the person during the period,<\/p>\n<p>then, subject to subsection (4), the sample that has already been taken from the person under section 9 may be regarded as a non-intimate sample taken from the person during the period under this Part only if\u2014<\/p>\n<p>(i) a member of the Military Police not below the rank of captain authorises the first-mentioned sample to be so regarded for the purposes of forensic testing and the generation of a DNA profile in respect of the person to be entered in the reference (Military Police) index of the DNA (Military Police) Database System, and<\/p>\n<p>(ii) a member of the Military Police has informed the person of the following:<\/p>\n<p>(I) the nature of the offence against military law in the commission of which it is suspected that the person has been involved;<\/p>\n<p>(II) that an authorisation to regard that sample as a non-intimate sample has been given under paragraph (i) and the grounds on which it has been given;<\/p>\n<p>(III) that the results of the forensic testing of that sample may be given in evidence in any proceedings (including proceedings other than court-martial proceedings).<\/p>\n<p>(2) An authorisation under subsection (1)(i) to regard a sample taken from a person under section 9 as a non-intimate sample shall not be given unless the member of the Military Police giving it has reasonable grounds\u2014<\/p>\n<p>(a) for suspecting the involvement of the person from whom the first-mentioned sample was taken in the commission of the relevant offence in respect of which he or she is placed in service custody, and<\/p>\n<p>(b) for believing that that sample will tend to confirm or disprove the involvement of that person in the commission of the relevant offence concerned.<\/p>\n<p>(3) A sample taken from a person under section 9 that is regarded as a non-intimate sample in accordance with this section shall, for the purposes of this Act, be regarded as a non-intimate sample taken from the person under section 11 .<\/p>\n<p>(4) Where, during a period for which a person is placed in service custody in connection with a relevant offence, a sample is taken from the person under section 9 , nothing in subsection (1) shall prevent the taking of an intimate sample or a non-intimate sample under this Part from the person during the period for which the person is placed in service custody.<\/p>\n<p>(5) Where, during a period for which a person is placed in service custody an intimate sample or a non-intimate sample is taken from the person, nothing in this Part shall prevent the taking of a sample under section 9 from the person during the period for which the person is placed in service custody.<\/p>\n<p>Use of reasonable force to take sample under section 9 or non-intimate sample<\/p>\n<p>15. (1) Without prejudice to the generality of sections 9 and 11 and subject to subsection (2), where a person fails or refuses to allow a sample to be taken from him or her pursuant to either of those sections, a member of the Military Police, and the member or members of the Military Police assisting that member, may use such force as is reasonably considered necessary to take the sample, or to prevent the loss, destruction or contamination of the sample, or both.<\/p>\n<p>(2) The power referred to in subsection (1) shall not be exercised unless a member of the Military Police not below the rank of commandant authorises it.<\/p>\n<p>(3) Where it is intended to exercise the power conferred by subsection (1), one of the members of the Military Police concerned shall inform the person concerned\u2014<\/p>\n<p>(a) of that intention, and<\/p>\n<p>(b) that an authorisation to do so has been given under subsection (2).<\/p>\n<p>(4) A sample to be taken pursuant to this section shall be taken in the presence of a member of the Military Police not below the rank of captain and that member shall determine the number of members of the Military Police that is reasonably necessary for the purposes of subsection (1).<\/p>\n<p>(5) The taking of a sample pursuant to this section shall be recorded by electronic or similar means.<\/p>\n<p>Re-taking of certain samples under Part 2 in certain circumstances<\/p>\n<p>16. (1) Where\u2014<\/p>\n<p>(a) a person is placed in service custody for a period in connection with a relevant offence, and<\/p>\n<p>(b) a sample under section 9 taken from the person during the period for which the person is placed in service custody proves to be insufficient or inadequately labelled or an intimate sample or a non-intimate sample taken from the person during the period for which the person is placed in service custody proves to be insufficient or is inadequately labelled,<\/p>\n<p>a second sample under section 9 , a second intimate sample or a second non-intimate sample, as the case may be, may be taken from the person in accordance with this Part while he or she is so placed in service custody only if, subject to subsection (2) and section 4 (6), an authorisation to take the second sample is given under section 9 (2), 10 (2)(a) or 11 (2), as the case may be.<\/p>\n<p>(2) An authorisation under section 9 (2), 10 (2)(a) or 11 (2), as the case may be, to take a second sample from a person referred to in subsection (1) may be given on one occasion only during a period for which a person is placed in service custody in connection with a relevant offence.<\/p>\n<p>(3) Where\u2014<\/p>\n<p>(a) a non-intimate sample is taken from a person who is placed in service custody,<\/p>\n<p>(b) the person is released without any charge having been made against him or her, and<\/p>\n<p>(c) the sample proves to be insufficient or is inadequately labelled,<\/p>\n<p>a second non-intimate sample may be taken from the person in accordance with this Part only if\u2014<\/p>\n<p>(i) a member of the Military Police not below the rank of commandant authorises it to be taken, and<\/p>\n<p>(ii) the person attends at a specified military installation in accordance with this section for the purpose of having the second non-intimate sample taken from him or her.<\/p>\n<p>(4) An authorisation under subsection (3) to take a second non-intimate sample from a person in accordance with that subsection shall not be given unless the member of the Military Police giving it has reasonable grounds\u2014<\/p>\n<p>(a) for suspecting the involvement of the person from whom the first non-intimate sample concerned was taken in the relevant offence in respect of which he or she was placed in service custody when that sample was taken, and<\/p>\n<p>(b) for believing that a second non-intimate sample will tend to confirm or disprove the involvement of that person in that relevant offence.<\/p>\n<p>(5) An authorisation under subsection (3) to take a second non-intimate sample from a person in accordance with that subsection\u2014<\/p>\n<p>(a) may be given on one occasion only, and<\/p>\n<p>(b) may not be given if a period of more than 6 months has elapsed since the first non-intimate sample concerned was taken from the person.<\/p>\n<p>(6) If an authorisation under subsection (3) to take a second non-intimate sample from a person has been given, a member of the Military Police, not below the rank of commandant, may, within the period specified in subsection (7), require the person by notice in writing to attend at a specified military installation for the purpose of having a second non-intimate sample taken from him or her.<\/p>\n<p>(7) The period referred to in subsection (6) is one month from the date on which a member of the Military Police not below the rank of commandant is informed of the fact that that sample has proved to be insufficient or was inadequately labelled, as the case may be.<\/p>\n<p>(8) A notice under subsection (6) shall state that the first non-intimate sample concerned taken from the person concerned has proved to be insufficient or was inadequately labelled, as may be appropriate, and a requirement in the notice to attend at a specified military installation shall direct the person concerned to so attend on specified days and at a specified time of day or between specified times of day.<\/p>\n<p>(9) Nothing in this section shall require the second non-intimate sample to be taken from a person under this section to be of the same type of biological material as the first sample taken from the person which proved to be insufficient or was inadequately labelled, provided that the second sample concerned is one that is permitted to be taken under section 11 .<\/p>\n<p>(10) If a second non-intimate sample is taken from a person under subsection (1), the references in this section other than in that subsection\u2014<\/p>\n<p>(a) to a first non-intimate sample shall be construed as references to a second non-intimate sample, and<\/p>\n<p>(b) to a second non-intimate sample shall be construed as references to a third non-intimate sample,<\/p>\n<p>taken, or to be taken, from the person.<\/p>\n<p>(11) A sample taken, or to be taken, from a person under this section shall, for the purposes of this Act, be regarded as if it is to be taken, or had been taken, from the person under section 9 , 10 or 11 , as may be appropriate.<\/p>\n<p>Samples not to be taken from persons in custody of Military Police other than in accordance with this Part<\/p>\n<p>17. Subject to section 77 , a member of the Military Police shall not, following the commencement of this Part, take, or cause to be taken, a sample for forensic testing from a person who is placed in service custody in connection with a relevant offence other than in accordance with this Part.<\/p>\n<p>PART 3<\/p>\n<h4>Taking of samples for elimination purposes<\/h4>\n<p>Definition (Part 3)<\/p>\n<p>18.In this Part, \u201ccontamination\u201d, in relation to a crime scene sample, means the inadvertent incorporation in the crime scene sample of the DNA of a person to whom this Part applies during\u2014<\/p>\n<p>(a) his or her attendance at the crime scene concerned in the execution of his or her duties,<\/p>\n<p>(b) the conduct of the investigation of an offence against military law or incident that may have involved the commission of an offence against military law, or<\/p>\n<p>(c) the examination or analysis of that sample.<\/p>\n<p>Taking of samples from Military Police personnel for elimination (Military Police) index<\/p>\n<p>19. (1) A sample taken under this section from a person shall be used to generate a DNA profile in respect of the person to be entered in the elimination (Military Police) index of the DNA (Military Police) Database System for the purpose, in relation to the investigation of offences against military law, of ascertaining whether that person has contaminated a crime scene sample.<\/p>\n<p>(2) A sample shall be taken under this section from a member of the Military Police who is appointed as such a member or transferred to the Military Police Corps after the commencement of this section.<\/p>\n<p>(3) A sample may be taken under this section from a member of the Military Police, who is such a member upon the commencement of this section, only if he or she consents in writing to having such a sample taken from him or her.<\/p>\n<p>(4) A member of the Military Police shall inform a person to whom this section applies of the following before taking, or causing to be taken, a sample under this section from him or her:<\/p>\n<p>(a) that the sample is to be taken from him or her under this section;<\/p>\n<p>(b) in a case in which a sample already taken under this section from the person has proved to be insufficient or was inadequately labelled or for any other reason mentioned in section 21 a second or further sample under this section is required to be taken from him or her\u2014<\/p>\n<p>(i) that the first-mentioned sample has proved to be insufficient, was inadequately labelled or that other reason for requiring a second or further sample under this section to be taken, as may be appropriate, and<\/p>\n<p>(ii) that a second or further sample under this section is, in accordance with section 21 , to be taken from him or her;<\/p>\n<p>(c) that the sample will be used to generate a DNA profile in respect of the person to be entered in the elimination (Military Police) index of the DNA (Military Police) Database System and the effect of such an entry;<\/p>\n<p>(d) that the sample may be destroyed, and the DNA profile in respect of the person entered in the elimination (Military Police) index of the DNA (Military Police) Database System may be removed from that System, in accordance with Part 7.<\/p>\n<p>(5) Subject to this Act, a member of the Military Police may take, or cause to be taken, a sample under this section from a person to whom this section applies.<\/p>\n<p>Direction from provost marshal for sample to be taken for elimination purposes<\/p>\n<p>20. (1) A sample taken under this section from a person shall be used to generate a DNA profile in respect of the person to be entered in the elimination (Military Police) index of the DNA (Military Police) Database System for the purpose, in relation to the investigation of offences against military law, of ascertaining whether that person has contaminated a crime scene sample.<\/p>\n<p>(2) If the provost marshal has good reason to believe that, in relation to the investigation of an offence against military law, a person specified in subsection (3) has, or may have, contaminated a particular crime scene sample, the provost marshal may direct that the person shall have a sample taken from him or her under this section for the purpose, in relation to the investigation of that offence against military law, of ascertaining whether that person has contaminated that crime scene sample.<\/p>\n<p>(3) A direction may be given under subsection (2) in respect of any of the following persons, other than a person to whom section 19 (2) applies:<\/p>\n<p>(a) a member of the Defence Forces;<\/p>\n<p>(b) an employee of the Minister;<\/p>\n<p>(c) any person who at the time the direction is given is subject to military law in accordance with\u2014<\/p>\n<p>(i) paragraph (d) or (e) of section 118, or<\/p>\n<p>(ii) paragraph (c) or (d) of section 119,<\/p>\n<p>of the Act of 1954.<\/p>\n<p>(4) A direction under subsection (2) shall be given in writing and the provost marshal shall give, or cause to be given, a copy of it to the person to whom it relates.<\/p>\n<p>(5) A member of the Military Police shall inform a person of the following before taking, or causing to be taken, a sample under this section from him or her:<\/p>\n<p>(a) that the sample is to be taken from him or her pursuant to a direction given under this section;<\/p>\n<p>(b) in a case in which a sample already taken under this section from the person had proved to be insufficient or was inadequately labelled or for any other reason mentioned in section 21 a second or further sample under this section is required to be taken from him or her\u2014<\/p>\n<p>(i) that the first-mentioned sample has proved to be insufficient, was inadequately labelled or that other reason for requiring a second or further sample under this section to be taken, as may be appropriate, and<\/p>\n<p>(ii) that a second and further sample under this section is, in accordance with section 21 , to be taken from him or her;<\/p>\n<p>(c) that the sample will be used to generate a DNA profile in respect of the person for the purpose of ascertaining whether he or she has contaminated the crime scene sample concerned;<\/p>\n<p>(d) that the sample, and the DNA profile in respect of the person generated from it, may be destroyed in accordance with Part 7 .<\/p>\n<p>(6) Subject to this Act, a member of the Military Police may take, or cause to be taken, a sample under this section from a person in respect of whom a direction is given under subsection (2).<\/p>\n<p>Re-taking of samples under Part 3<\/p>\n<p>21. Where a sample taken from a person under section 19 or 20 proves to be insufficient or was inadequately labelled or, for any other good reason, the provost marshal considers that it is necessary for a second or further such sample to be taken from the person, a second or further sample may be taken from him or her in accordance with whichever of those sections is appropriate.<\/p>\n<p>PART 4<\/p>\n<h4>Taking of samples from volunteers<\/h4>\n<p>Taking of samples from volunteers to generate DNA profiles<\/p>\n<p>22. (1) A member of the Military Police may request a person (in this Part referred to as a \u201cvolunteer\u201d) other than a person to whom section 9 , 10 or 11 applies to have a sample taken from him or her under this section for the purpose of generating a DNA profile in respect of the volunteer in relation to\u2014<\/p>\n<p>(a) the investigation of a particular relevant offence, or<\/p>\n<p>(b) the investigation of a particular incident that may have involved the commission of a relevant offence.<\/p>\n<p>(2) A person who is a victim, or is reasonably considered to be a victim, of the relevant offence or incident that may have involved the commission of a relevant offence being investigated may be a volunteer.<\/p>\n<p>(3) A member of the Military Police shall inform a volunteer of the following before seeking his or her consent to the taking of a sample under this section or the member takes, or causes to be taken, such a sample from him or her:<\/p>\n<p>(a) that the volunteer is not obliged to have the sample taken from him or her;<\/p>\n<p>(b) in a case in which a sample already taken under this section from the volunteer has proved to be insufficient or was inadequately labelled or for any other reason, mentioned in section 23 , a second or further sample is required to be taken from him or her\u2014<\/p>\n<p>(i) that the first-mentioned sample has proved to be insufficient, was inadequately labelled or that other reason for requiring a second or further sample under this section to be taken, as may be appropriate, and<\/p>\n<p>(ii) that a second sample or further sample is, in accordance with section 23 , to be taken from him or her;<\/p>\n<p>(c) that the sample will be used to generate a DNA profile in respect of the volunteer for the purposes of the investigation of the relevant offence, or incident that may have involved the commission of a relevant offence, in relation to which it is being taken;<\/p>\n<p>(d) that the sample and the DNA profile generated from the sample in respect of the volunteer may be destroyed in accordance with Part 7 .<\/p>\n<p>(4) A volunteer shall, before a sample is taken from him or her under this section, consent in writing to the taking of the sample and the consent shall specify the particular relevant offence, or incident that may have involved the commission of a relevant offence, that is being investigated to which the consent relates.<\/p>\n<p>(5) Subject to this Act, a member of the Military Police may take, or cause to be taken, from a volunteer a sample under this section.<\/p>\n<p>(6) A sample may be taken under this section from a volunteer in a specified military installation or such place as nominated by a member of the Military Police not below the rank of sergeant or, subject to the agreement of the member of the Military Police taking the sample, at a place designated by the volunteer.<\/p>\n<p>(7) If a volunteer expressly withdraws consent given under subsection (4) (or if the withdrawal of that consent can reasonably be inferred from the conduct of the person) before or during the taking of a sample under this section, that withdrawal of consent shall be treated as a refusal to give consent to the taking of the sample under this section.<\/p>\n<p>(8) A withdrawal under subsection (7) of consent given under subsection (4) shall be confirmed in writing as soon as practicable after such withdrawal.<\/p>\n<p>(9) Where a person subject to military law refuses to give consent under subsection (4), that refusal shall not of itself constitute reasonable cause for a member of the Military Police to suspect the person of having committed the relevant offence concerned for the purpose of placing him or her in service custody in connection with the investigation of that relevant offence.<\/p>\n<p>Re-taking of samples under Part 4<\/p>\n<p>23. Where a sample taken from a person in accordance with section 22 proves to be insufficient or is inadequately labelled or, for any other good reason, the provost marshal considers that it is necessary for a second or further such sample to be taken from the person, a second or further sample may be taken from him or her in accordance with that section.<\/p>\n<p>Entry of DNA profiles of volunteers in reference (Military Police) index of DNA (Military Police) Database System<\/p>\n<p>24. (1) A member of the Military Police not below the rank of sergeant may, at the time a sample is taken under section 22 or at any time thereafter, inform a volunteer from whom the sample is being, or was, taken (other than a victim, or a person reasonably considered to be a victim, of the relevant offence, or incident that may have involved the commission of a relevant offence, being investigated), that he or she may consent to the entry of his or her DNA profile generated from the sample in the reference (Military Police) index of the DNA (Military Police) Database System.<\/p>\n<p>(2) A member of the Military Police shall inform a volunteer to whom subsection (1) applies of the following before the DNA profile in respect of the volunteer may be entered in the reference (Military Police) index of the DNA (Military Police) Database System:<\/p>\n<p>(a) that the volunteer concerned is not obliged to consent to his or her DNA profile being entered in the reference (Military Police) index of the DNA (Military Police) Database System;<\/p>\n<p>(b) the effect of the entry of the DNA profile in that index of that System;<\/p>\n<p>(c) that the sample taken from the volunteer concerned under section 22 may be destroyed if not previously destroyed, and his or her DNA profile entered in the reference (Military Police) index of the DNA (Military Police) Database System may be removed from that System, in accordance with Part 7 .<\/p>\n<p>(3) A volunteer to whom subsection (1) applies shall consent in writing before his or her DNA profile may be entered in the reference (Military Police) index of the DNA (Military Police) Database System and, if he or she so consents, his or her DNA profile may be entered in that index of that System.<\/p>\n<p>PART 5<\/p>\n<h4>DNA (Military Police) Database System<\/h4>\n<p>Chapter 1<\/p>\n<p>Structure and purposes of DNA (Military Police) Database System<\/p>\n<p>DNA (Military Police) Database System<\/p>\n<p>25. (1) The Director of FSI shall, as soon as may be after the commencement of this section, establish in accordance with this Part a database to be known as the DNA (Military Police) Database System (in this Act referred to as the \u201cDNA (Military Police) Database System\u201d).<\/p>\n<p>(2) The DNA (Military Police) Database System shall contain the following indexes of DNA profiles and information that may be used to identify the person from whose biological material each DNA profile was generated:<\/p>\n<p>(a) the crime scene (Military Police) index;<\/p>\n<p>(b) the reference (Military Police) index;<\/p>\n<p>(c) the elimination (Military Police) index.<\/p>\n<p>Purposes of DNA (Military Police) Database System<\/p>\n<p>26. (1) The DNA (Military Police) Database System shall be used only for the following purposes:<\/p>\n<p>(a) the investigation and prosecution of an offence against military law, whether committed within or outside the State;<\/p>\n<p>(b) the facilitation of the performance by the Committee (within the meaning of the Act of 2014) of its functions under Part 9 of the Act of 2014 in relation to the management and operation of that System;<\/p>\n<p>(c) the automated searching of certain DNA profiles in that System in accordance with Chapter 2 of Part 12 of the Act of 2014;<\/p>\n<p>(d) the automated comparison of certain DNA profiles in that System with other DNA profiles in accordance with Chapter 2 of Part 12 of the Act of 2014.<\/p>\n<p>(2) Without prejudice to the generality of subsection (1), the DNA (Military Police) Database System (in this subsection referred to as the \u201cSystem\u201d) may be used for all or any of the following:<\/p>\n<p>(a) the conduct of permitted searching under section 32 ;<\/p>\n<p>(b) the compilation of statistics on the operation of the System under section 71 ;<\/p>\n<p>(c) the facilitation of a review of an alleged miscarriage of justice under section 2 of the Criminal Procedure Act 1993 ;<\/p>\n<p>(d) any other related purpose.<\/p>\n<p>Crime scene (Military Police) index<\/p>\n<p>27. (1) The crime scene (Military Police) index in the DNA (Military Police) Database System shall comprise the DNA profiles of persons generated from samples of biological material found at, or recovered from, a crime scene whether before or after the commencement of this section.<\/p>\n<p>(2) For the purposes of this Act, a crime scene, in relation to an offence or suspected offence against military law, means all or any of the following (whether within or outside the State):<\/p>\n<p>(a) a place\u2014<\/p>\n<p>(i) where the offence or suspected offence was, or is reasonably suspected of having been, committed, or<\/p>\n<p>(ii) where there is, or may be, evidence of, or relating to, the commission of the offence or suspected offence that was, or is reasonably suspected of having been, committed elsewhere;<\/p>\n<p>(b) the body of the victim, whether living or deceased, of the offence or suspected offence;<\/p>\n<p>(c) anything worn or carried by or in contact with the victim, or a person reasonably considered to be a victim, at the time the offence or suspected offence was, or is reasonably suspected of having been, committed;<\/p>\n<p>(d) the body of any other person who was, or is reasonably suspected of having been, connected with the commission of the offence or suspected offence;<\/p>\n<p>(e) anything (including a mode of transport) that was, or is reasonably suspected of having been, connected with the commission of the offence or suspected offence.<\/p>\n<p>Reference (Military Police) index<\/p>\n<p>28. The reference (Military Police) index in the DNA (Military Police) Database System shall comprise the DNA profiles of persons\u2014<\/p>\n<p>(a) generated from samples taken from persons under sections 9 , 10 and 11 and entered in that index under those sections, and<\/p>\n<p>(b) generated from samples taken from persons under section 22 and entered in that index under section 24 .<\/p>\n<p>Elimination (Military Police) index<\/p>\n<p>29. The elimination (Military Police) index in the DNA (Military Police) Database System shall comprise the DNA profiles of persons generated from samples taken from persons under section 19 or 20 .<\/p>\n<p>Chapter 2<\/p>\n<p>Functions of Director of FSI in relation to DNA (Military Police) Database System<\/p>\n<p>Functions of Director of FSI in relation to DNA (Military Police) Database System<\/p>\n<p>30. (1) The Director of FSI shall establish and operate the DNA (Military Police) Database System in accordance with this Act.<\/p>\n<p>(2) Without prejudice to the generality of subsection (1), the Director of FSI shall perform, or cause to be performed, the following functions in relation to the DNA (Military Police) Database System:<\/p>\n<p>(a) the generation of DNA profiles from the samples taken under this Act;<\/p>\n<p>(b) if appropriate, the entry of the DNA profiles generated in the appropriate index of the DNA (Military Police) Database System;<\/p>\n<p>(c) the searching of the DNA (Military Police) Database System and the DNA Database System in accordance with section 32 to ascertain whether there is a match between two DNA profiles in either of those Systems, or in both of those Systems;<\/p>\n<p>(d) the reporting to the provost marshal of the results of searches of the DNA (Military Police) Database System and the DNA Database System;<\/p>\n<p>(e) the destruction of samples taken under this Act in accordance with Part 7 ;<\/p>\n<p>(f) the removal of DNA profiles from the DNA (Military Police) Database System in accordance with Part 7 or for the purpose of the administration of the System;<\/p>\n<p>(g) the maintenance of the security of the DNA profiles and information in the DNA (Military Police) Database System in accordance with this Act;<\/p>\n<p>(h) the automated searching of certain DNA profiles in the DNA (Military Police) Database System in accordance with Chapter 2 of Part 12 of the Act of 2014;<\/p>\n<p>(i) the automated comparison of certain DNA profiles in the DNA (Military Police) Database System with other DNA profiles in accordance with Chapter 2 of Part 12 of the Act of 2014.<\/p>\n<p>(3) The Director of FSI shall not\u2014<\/p>\n<p>(a) generate a DNA profile from a sample taken under this Act, or<\/p>\n<p>(b) enter a DNA profile in an index of the DNA (Military Police) Database System,<\/p>\n<p>unless such generation or entry, as the case may be, is necessary for the purposes of the investigation of an offence against military law.<\/p>\n<p>(4) Subject to subsection (5), the Director of FSI may make such arrangements, including contractual arrangements, as he or she considers appropriate with such other laboratories (whether within or outside the State) for the performance of the function under subsection (2)(a) or the performance of that function in any particular case or class of cases.<\/p>\n<p>(5) Arrangements under subsection (4) shall be subject to compliance with the requirements of this Act and such terms and conditions as may be agreed.<\/p>\n<p>Annual report of Director of FSI in relation to DNA (Military Police) Database System<\/p>\n<p>31. (1) The Director of FSI shall as soon as may be, but not later than 4 months after the end of each year, make a report in writing to the Minister regarding the performance by him or her of the functions assigned to him or her by this Act during that year, and the Minister shall as soon as may be after the receipt by him or her of the report cause a copy of the report to be laid before each House of the Oireachtas and to be published in such manner as the Minister considers appropriate.<\/p>\n<p>(2) A report made under subsection (1) shall include information in such form and regarding such matters as the Minister may direct.<\/p>\n<p>(3) Notwithstanding subsection (1), if, but for this subsection, the first report under that subsection would relate to a period of less than 6 months, the report shall relate to that period and to the year immediately following that period and shall be made as soon as may be, but not later than 4 months, after the end of that year.<\/p>\n<p>Chapter 3<\/p>\n<p>Permitted searching<\/p>\n<p>Permitted searching<\/p>\n<p>32. (1) A DNA profile entered in the DNA (Military Police) Database System may only be compared with another DNA profile entered in the DNA (Military Police) Database System or the DNA Database System where\u2014<\/p>\n<p>(a) the comparison is\u2014<\/p>\n<p>(i) necessary for the purposes of the investigation of an offence against military law, and<\/p>\n<p>(ii) in accordance with this section,<\/p>\n<p>or<\/p>\n<p>(b) the comparison is done solely for the purpose of the administration of the DNA (Military Police) Database System.<\/p>\n<p>(2) A DNA profile entered in the crime scene (Military Police) index may be compared with\u2014<\/p>\n<p>(a) the other DNA profiles entered in that index,<\/p>\n<p>(b) the DNA profiles entered in the reference (Military Police) index,<\/p>\n<p>(c) the DNA profiles entered in the elimination (Military Police) index, where the comparison is carried out in accordance with subsection (4),<\/p>\n<p>(d) the DNA profiles entered in the crime scene index under the Act of 2014,<\/p>\n<p>(e) the DNA profiles entered in the reference index under the Act of 2014,<\/p>\n<p>(f) the DNA profiles entered in the elimination (Garda S\u00edoch\u00e1na) index under the Act of 2014, where the comparison is carried out in accordance with subsection (6),<\/p>\n<p>(g) the DNA profiles entered in the elimination (crime scene investigators) index under the Act of 2014, where the comparison is carried out in accordance with subsection (6), or<\/p>\n<p>(h) the DNA profiles entered in the elimination (prescribed persons) index under the Act of 2014, where the comparison is carried out in accordance with subsection (6).<\/p>\n<p>(3) A DNA profile entered in the reference (Military Police) index may be compared with\u2014<\/p>\n<p>(a) the other DNA profiles entered in that index,<\/p>\n<p>(b) the DNA profiles entered in the crime scene (Military Police) index,<\/p>\n<p>(c) the DNA profiles entered in the crime scene index under the Act of 2014, or<\/p>\n<p>(d) the DNA profiles entered in the reference index under the Act of 2014.<\/p>\n<p>(4) A DNA profile in respect of a person that is entered in the elimination (Military Police) index may be compared with\u2014<\/p>\n<p>(a) the other DNA profiles in that index, or<\/p>\n<p>(b) a DNA profile that is generated from a crime scene sample found at, or recovered from, a particular crime scene and entered in the crime scene (Military Police) index where\u2014<\/p>\n<p>(i) such comparison is necessary in relation to the investigation of an offence against military law to ascertain whether the person has contaminated that crime scene sample, and<\/p>\n<p>(ii) that comparison is in accordance with a direction given by the Director of FSI under subsection (5).<\/p>\n<p>(5) The Director of FSI, following consultation with the provost marshal, may, for the purposes of subsection (4)(b), give a general direction in writing regarding the circumstances in which it is necessary for DNA profiles entered in the elimination (Military Police) index to be compared with DNA profiles entered in the crime scene (Military Police) index.<\/p>\n<p>(6) A DNA profile in respect of a person that is entered in\u2014<\/p>\n<p>(a) the elimination (Garda S\u00edoch\u00e1na) index,<\/p>\n<p>(b) the elimination (crime scene investigators) index, or<\/p>\n<p>(c) the elimination (prescribed persons) index,<\/p>\n<p>under the Act of 2014 may be compared with a DNA profile that is generated from a crime scene sample found at, or recovered from, a particular crime scene and entered in the crime scene (Military Police) index where\u2014<\/p>\n<p>(i) such comparison is necessary in relation to the investigation of an offence against military law to ascertain whether the person concerned has contaminated that crime scene sample, and<\/p>\n<p>(ii) that comparison is in accordance with a direction given by the Director of FSI under subsection (7).<\/p>\n<p>(7) The Director of FSI, following consultation with the provost marshal, may, for the purposes of paragraph (ii) of subsection (6), give a general direction in writing regarding the circumstances in which it is necessary for DNA profiles entered in the elimination (Garda S\u00edoch\u00e1na) index, the elimination (crime scene investigators) index or the elimination (prescribed persons) index under the Act of 2014 to be compared with DNA profiles entered in the crime scene (Military Police) index.<\/p>\n<p>(8) In this section, \u201ccrime scene index\u201d, \u201creference index\u201d, \u201celimination (Garda S\u00edoch\u00e1na) index\u201d, \u201celimination (crime scene investigators) index\u201d and \u201celimination (prescribed persons) index\u201d have the meanings they have in the Act of 2014.<\/p>\n<p>PART 6<\/p>\n<h4>Other powers of members of Military Police in relation to person placed in service custody<\/h4>\n<p>Chapter 1<\/p>\n<p>Obtaining and destruction of evidence<\/p>\n<p>Definition (Part 6)<\/p>\n<p>33. For the purposes of this Part, \u201cretention period\u201d, in relation to an item of forensic evidence or photograph taken pursuant to the powers conferred by section 34 , means the period from the taking of the item of forensic evidence or photograph concerned, from or of a person, to the latest date for the destruction of that item of forensic evidence or photograph under section 36 (2).<\/p>\n<p>Other powers of members of Military Police in relation to person placed in service custody<\/p>\n<p>34. (1) Where a person is placed in service custody pursuant to section 172 of the Act of 1954, a member of the Military Police may do one or more of the following:<\/p>\n<p>(a) demand of him or her, his or her name, service number, rank and unit;<\/p>\n<p>(b) search him or her or cause him or her to be searched;<\/p>\n<p>(c) photograph him or her or cause him or her to be photographed;<\/p>\n<p>(d) take, or cause to be taken, his or her fingerprints and palm prints;<\/p>\n<p>(e) take, or cause to be taken, from the person a sample of a footprint or similar impression of any part of the person\u2019s body other than a part of the hand or mouth;<\/p>\n<p>(f) carry out, or cause to be carried out, any test designed for the purpose of ascertaining whether he or she has been in contact with any firearm (within the meaning of the Firearms Acts 1925 to 2009) or with any explosive and for that purpose take swabs from the person\u2019s skin or samples of the person\u2019s hair;<\/p>\n<p>(g) require the person to permit a registered medical practitioner or a registered nurse to take a specimen of blood from him or her for analysis as to the concentration of alcohol or other drug in the blood;<\/p>\n<p>(h) with the prior consent in writing of the person placed in service custody, cause to be taken by a registered dentist or a registered medical practitioner, a dental impression;<\/p>\n<p>(i) seize and retain for testing anything that he or she has in his or her possession.<\/p>\n<p>(2) A power conferred by subsection (1)(c) to (h) shall not be exercised unless a member of the Military Police not below the rank of captain authorises it.<\/p>\n<p>(3) Subsection (1)(b) does not empower a member of the Military Police to require a person to remove his or her underclothing, except where such member, with reasonable cause, suspects that he or she has concealed on his or her person a controlled drug (within the meaning of section 2 of the Misuse of Drugs Act 1977 ) or an explosive and a member of the Military Police not below the rank of captain so authorises.<\/p>\n<p>(4) In this section, \u201cexplosive\u201d means an explosive within the meaning of the Explosives Act 1875 and any other substance or thing that is an explosive substance within the meaning of the Explosive Substances Act 1883 .<\/p>\n<p>Property in possession of Military Police<\/p>\n<p>35. (1) Subject to subsections (2) and (3), where any property has come into the possession of a member of the Military Police under section 34 (1)(i), a summary court-martial may on application to it, either by a member of the Military Police not below the rank of captain or by a claimant of the property, make an order for the delivery of the property to the person appearing to the summary court-martial to be the owner thereof or, if the owner cannot be ascertained, make such other order with respect to the property (including the destruction or disposal of the property) as the summary court-martial sees fit.<\/p>\n<p>(2) Subject to subsection (3), where any property has come into the possession of a member of the Military Police under section 34 (1)(i) and the claimant of the property is not subject to military law, the District Court (in this subsection referred to as the \u201ccourt\u201d) may, on application to it by the claimant of the property, make an order for the delivery of the property to the person appearing to the court to be the owner thereof or, if the owner cannot be ascertained, make such other order with respect to the property (including the destruction or disposal of the property) as the court sees fit.<\/p>\n<p>(3) Where property that has come into the possession of a member of the Military Police under section 34 (1)(i) is believed by that member to be evidence of any offence (or suspected offence) against military law\u2014<\/p>\n<p>(a) the property may be retained for use as evidence in any proceedings in relation to that offence for such period from the date of seizure of the property as is reasonable or, if proceedings are commenced in which the property is required for use in evidence, until the conclusion of the proceedings, and<\/p>\n<p>(b) an order may not be made under subsection (1) or (2) until the expiry of the period or the conclusion of the proceedings, as the case may be, referred to in paragraph (a).<\/p>\n<p>(4) The jurisdiction conferred on the District Court by subsection (2) may be exercised by a judge of the District Court for the time being assigned to the District Court district in which the person making the application resides or carries on any profession, business or occupation or, where the person making the application does not reside, or carry on any profession, business or occupation, in the State, a judge who is assigned to the Dublin Metropolitan District.<\/p>\n<p>(5) An order under subsection (1) or (2) shall not affect the right of any person to take, not later than 6 months after the date of the order, legal proceedings against any person in possession of the property delivered by virtue of the order for the recovery of the property.<\/p>\n<p>Destruction of item of forensic evidence or photograph taken under section 34<\/p>\n<p>36. (1) An item of forensic evidence taken from, or photograph taken of, a person pursuant to powers conferred by section 34 shall, if not previously destroyed, be destroyed in accordance with this section or, if appropriate, section 37 , 38 or 44 .<\/p>\n<p>(2) Subject to section 37 , an item of forensic evidence or photograph referred to in subsection (1) shall, if not previously destroyed, be destroyed in any of the following circumstances not later than the expiration of the period of 3 months from the date on which such circumstances first apply to the person referred to in subsection (1):<\/p>\n<p>(a) where proceedings for an offence against military law\u2014<\/p>\n<p>(i) are not instituted against the person within the period of 12 months from the date of the taking of the item of forensic evidence or photograph concerned, and the failure to institute such proceedings within that period is not due to the fact that he or she has absconded or cannot be found, or<\/p>\n<p>(ii) have been instituted and\u2014<\/p>\n<p>(I) the person is acquitted of the offence against military law,<\/p>\n<p>(II) the charge against the person in respect of the offence against military law is dismissed under section 177 or 178 of the Act of 1954, or<\/p>\n<p>(III) the proceedings for the offence against military law are discontinued;<\/p>\n<p>(b) the person\u2019s conviction for the offence against military law concerned in connection with which the item of forensic evidence or photograph concerned was taken is quashed;<\/p>\n<p>(c) the person\u2019s conviction for the offence against military law concerned in connection with which the item of forensic evidence or photograph concerned was taken is declared to be a miscarriage of justice under section 2 of the Criminal Procedure Act 1993 .<\/p>\n<p>Extension of retention period under section 36 for items of forensic evidence taken under section 34 in certain circumstances<\/p>\n<p>37. (1) An item of forensic evidence taken from, or photograph taken of, a person pursuant to powers conferred by section 34 shall not be destroyed under section 36 in any case in which the provost marshal determines that any of the following circumstances apply:<\/p>\n<p>(a) a decision has not been taken whether or not to institute proceedings against the person for the offence against military law concerned in connection with which the item of forensic evidence or photograph concerned was taken;<\/p>\n<p>(b) the investigation of the offence against military law concerned has not been concluded;<\/p>\n<p>(c) the item of forensic evidence or photograph concerned, and the results of any examination or analysis of it, are likely to be required for the prosecution of an offence against military law connected with the event, incident or circumstances the subject of the offence concerned\u2014<\/p>\n<p>(i) for use as evidence in such proceedings,<\/p>\n<p>(ii) for disclosure to, or use by, an accused in such proceedings, or<\/p>\n<p>(iii) to support the admissibility of any evidence on which the prosecution may seek to rely in such proceedings;<\/p>\n<p>(d) having regard to the matters specified in subsection (2), the provost marshal believes it is necessary to retain the item of forensic evidence or photograph concerned in connection with the investigation of the offence against military law concerned taking account of all the circumstances of the case and the reasons why\u2014<\/p>\n<p>(i) proceedings for that offence have not been instituted against the person, or<\/p>\n<p>(ii) if such proceedings have been instituted against the person, they were determined without he or she being convicted of the offence concerned;<\/p>\n<p>(e) there are reasonable grounds for believing that the item of forensic evidence or photograph of the person may be required in connection with the investigation of an offence against military law, other than the offence in connection with which the item of forensic evidence or photograph was taken, which the person is suspected of having committed.<\/p>\n<p>(2) The matters referred to in subsection (1)(d) to which the provost marshal shall have regard are the following:<\/p>\n<p>(a) whether the person concerned has any previous conviction for an offence against military law similar in nature or gravity to the offence concerned in connection with which the item of forensic evidence concerned was taken from, or the photograph concerned was taken of, him or her;<\/p>\n<p>(b) the nature and seriousness of that offence;<\/p>\n<p>(c) any other matter that the provost marshal considers appropriate for the purposes of the determination.<\/p>\n<p>(3) If, in relation to an item of forensic evidence taken from, or a photograph taken of, a person pursuant to powers conferred by section 34 , the provost marshal determines that one of the paragraphs of subsection (1) applies, then he or she may, during the retention period, give an authorisation to extend that period by a period of 12 months.<\/p>\n<p>(4) The provost marshal may, while an authorisation under subsection (3) or this subsection, as may be appropriate, is still in force, give an authorisation under this subsection to extend the retention period on a second or further occasion for a period of 12 months commencing on the expiration of the period of 12 months to which the authorisation previously given relates if he or she determines that one of the paragraphs of subsection (1) applies.<\/p>\n<p>(5) Whenever the provost marshal gives an authorisation under subsection (3) or (4), he or she shall, in relation to an item of forensic evidence taken from, or a photograph taken of, a person to whom the authorisation concerned relates, cause the person to be informed by notice in writing that the authorisation has been given under subsection (3) or (4), as may be appropriate, the date on which that authorisation was given and of the right of appeal under subsection (6).<\/p>\n<p>(6) The person to whom the authorisation concerned relates may, within the period of 3 months from the date of the notice under subsection (5) concerned, appeal to the summary court-martial against that authorisation.<\/p>\n<p>(7) An appeal under subsection (6) shall\u2014<\/p>\n<p>(a) be on notice to the provost marshal, and<\/p>\n<p>(b) be heard otherwise than in public.<\/p>\n<p>(8) If, on an appeal under subsection (6), the summary court-martial\u2014<\/p>\n<p>(a) confirms the authorisation concerned, or<\/p>\n<p>(b) allows the appeal,<\/p>\n<p>the provost marshal shall give effect to the decision of the summary court-martial.<\/p>\n<p>(9) Nothing in this section shall\u2014<\/p>\n<p>(a) prevent or restrict the exercise of powers conferred by section 34 , or<\/p>\n<p>(b) pending the conclusion of proceedings under this section, prevent or restrict the use of the item of forensic evidence or photograph concerned for the purposes of\u2014<\/p>\n<p>(i) this Act,<\/p>\n<p>(ii) an investigation into an alleged offence against military law, or<\/p>\n<p>(iii) other proceedings.<\/p>\n<p>Destruction of items of forensic evidence taken under section 34 in exceptional circumstances<\/p>\n<p>38. (1) Notwithstanding sections 36 and 37 , if the provost marshal is satisfied that exceptional circumstances, specified in subsection (2), exist that justify the destruction of an item of forensic evidence or photograph of a person, the item of forensic evidence or photograph concerned shall be destroyed as soon as practicable after the provost marshal is so satisfied.<\/p>\n<p>(2) The exceptional circumstances referred to in subsection (1) are the existence of one or more of the following:<\/p>\n<p>(a) it is established, at any time after the placing in service custody of the person concerned for the purposes of the investigation of an offence against military law during which the item of forensic evidence or photograph concerned was taken, that no such offence was committed;<\/p>\n<p>(b) it is established that the placing in service custody of the person concerned for the purposes of the investigation of an offence against military law during which the item of forensic evidence or photograph concerned was taken was on the basis of the mistaken identity of the person concerned as the perpetrator of that offence;<\/p>\n<p>(c) it is determined by a court that the placing in service custody of the person concerned for the purposes of the investigation of an offence against military law during which the item of forensic evidence or photograph concerned was taken was unlawful.<\/p>\n<p>Retrial, quashing of convictions and determination of proceedings<\/p>\n<p>39. (1) In sections 36 and 37 , references to a conviction of a person for an offence against military law shall be construed as including references to a conviction of the person for such an offence after a re-trial for that offence.<\/p>\n<p>(2) In section 36 , a reference to a conviction of a person for an offence against military law being quashed shall be construed as a reference to where a court hearing an appeal against the conviction makes an order quashing the conviction and, if the court is the Court of Appeal, either\u2014<\/p>\n<p>(a) it does not order the person to be re-tried for the offence concerned, or<\/p>\n<p>(b) it does not substitute for the verdict a verdict of guilty of another offence against military law.<\/p>\n<p>(3) In section 37 , references to the proceedings in respect of an offence against military law being determined shall be construed as references to where those proceedings are finally determined (including any appeal, whether by way of case stated or otherwise, rehearing or re-trial).<\/p>\n<p>Circumstances in which person to be informed of destruction of items of forensic evidence or photograph taken under section 34<\/p>\n<p>40. If, in relation to an item of forensic evidence taken from, or a photograph taken of, a person pursuant to powers conferred by section 34 , the retention period is extended on one or more occasions under section 37 , the provost marshal shall, upon the expiration of that period (as so extended), cause the person to be informed by notice in writing as soon as may be after the item of forensic evidence or photograph has been destroyed of its destruction.<\/p>\n<p>Records<\/p>\n<p>41. (1) Subject to subsection (2), where a person, in accordance with section 36 or 38 ,destroys, or causes to be destroyed, an item of forensic evidence or photograph, he or she shall ensure that the item of forensic evidence or photograph, every copy thereof and every record relating to the item of forensic evidence or photograph insofar as it identifies the person from or of whom the item of forensic evidence or photograph has been taken, are destroyed.<\/p>\n<p>(2) Subsection (1) shall operate in a manner that permits the provost marshal to retain such records as may be required by him or her to show that section 40 has been complied with.<\/p>\n<p>(3) In this section, \u201crecord\u201d, in relation to an item of forensic evidence or photograph, includes a copy of a record.<\/p>\n<p>Chapter 2<\/p>\n<p>Fingerprints or palm prints obtained under section 34<\/p>\n<p>Analysis of fingerprints or palm prints taken under section 34<\/p>\n<p>42. (1) Subject to subsection (2), the provost marshal may, in respect of a fingerprint or palm print taken under section 34 (1)(d), request the Garda S\u00edoch\u00e1na to carry out such analysis or testing of the fingerprint or palm print, as the case may be, as he or she considers necessary for the purposes of the investigation of an offence against military law, and the Garda S\u00edoch\u00e1na shall, subject to subsection (3), where so requested, carry out such analysis or testing.<\/p>\n<p>(2) The provost marshal shall not make a request under subsection (1) unless the carrying out of the requested analysis or testing of the fingerprint or palm print concerned is necessary for the purposes of the investigation of an offence against military law.<\/p>\n<p>(3) The Garda S\u00edoch\u00e1na may, for the purposes of the analysis or testing of a fingerprint or palm print requested under subsection (1), request the Director of FSI to carry out analysis or testing of the fingerprint or palm print concerned and the Director shall, where so requested, carry out such analysis or testing.<\/p>\n<p>(4) The Garda S\u00edoch\u00e1na may, for the purposes of the analysis or testing of a fingerprint or palm print requested under subsection (1), compare the fingerprint or palm print concerned with other fingerprints or palm prints, as the case may be, held by the Garda S\u00edoch\u00e1na.<\/p>\n<p>(5) The Garda S\u00edoch\u00e1na shall send the results of any analysis, testing or comparison carried out under subsection (1), (3) or (4) (including the reference data, if any, generated as a consequence of such analysis, testing or comparison) to the provost marshal.<\/p>\n<p>(6) Analysis, testing or comparison may only be carried out, and the results of such analysis, testing or comparison may only be sent, under this section, where it is necessary for the purposes of the investigation of an offence against military law.<\/p>\n<p>(7) In this section, \u201creference data\u201d has the same meaning as it has in Part 12 of the Act of 2014 in relation to dactyloscopic data (within the meaning of that Part of that Act).<\/p>\n<p>Provision of prints for purposes of Chapter 3 of Part 12 of Act of 2014<\/p>\n<p>43. The provost marshal shall provide a fingerprint or palm print taken under section 34 to the Garda S\u00edoch\u00e1na for the purposes of facilitating the conduct of searches under Chapter 3 of Part 12 of the Act of 2014.<\/p>\n<p>Chapter 3<\/p>\n<p>Destruction of items taken under section 34 not previously destroyed<\/p>\n<p>Destruction of items of forensic evidence taken under section 34 not previously destroyed<\/p>\n<p>44. Subject to section 45 , an item of forensic evidence taken from, or photograph taken of, a person pursuant to powers conferred by section 34 shall, if not previously destroyed, be destroyed not later than the expiration of 25 years from the date of the taking of the evidence or photograph.<\/p>\n<p>Application to retain forensic evidence beyond period specified in section 44<\/p>\n<p>45. (1) If a summary court-martial is satisfied, on an application in that behalf by the provost marshal made within the period referred to in section 44 , that there is good reason why an item of forensic evidence taken from, or photograph taken of, a person pursuant to powers conferred by section 34 should not be destroyed in accordance with section 44 within that period, the summary court-martial may make an order authorising the retention of the item of forensic evidence or photograph, as the case may be, for such period as it considers appropriate.<\/p>\n<p>(2) If the provost marshal intends to make an application under subsection (1), the provost marshal shall inform, or cause to be informed, by notice in writing, the person from whom the item of forensic evidence was taken or of whom the photograph was taken, as the case may be, of that intention.<\/p>\n<p>(3) If, on an application under subsection (1), the person from whom the item of forensic evidence was taken or of whom the photograph was taken, as the case may be, applies to be heard by the summary court-martial, an order shall not be made under this section unless a reasonable opportunity has been given to that person to be heard.<\/p>\n<p>(4) An application under this section shall be heard otherwise than in public.<\/p>\n<p>PART 7<\/p>\n<h4>Destruction of samples and destruction, or removal from DNA (Military Police) Database System, of DNA profiles<\/h4>\n<p>Chapter 1<\/p>\n<p>Interpretation<\/p>\n<p>Interpretation (Part 7)<\/p>\n<p>46. In this Part\u2014<\/p>\n<p>(a) references to a conviction of a person for a relevant offence shall be construed as including references to a conviction of the person for such an offence after a re-trial for that offence,<\/p>\n<p>(b) references to a conviction of a person for a relevant offence being quashed shall be construed as references to where a court hearing an appeal against the conviction makes an order quashing the conviction and, if the court is the Court of Appeal, either\u2014<\/p>\n<p>(i) it does not order the person to be re-tried for the offence concerned, or<\/p>\n<p>(ii) it does not substitute for the verdict a verdict of guilty of another offence that is a relevant offence,<\/p>\n<p>and<\/p>\n<p>(c) references to the proceedings in respect of a relevant offence being determined shall be construed as references to where those proceedings are finally determined (including any appeal, whether by way of case stated or otherwise, rehearing or re-trial).<\/p>\n<p>Chapter 2<\/p>\n<p>Application of this Part to persons from whom samples were taken under Part 2<\/p>\n<p>Destruction of intimate samples and non-intimate samples in certain circumstances<\/p>\n<p>47. (1) Subject to section 48 , an intimate sample or a non-intimate sample taken from a person shall, if not previously destroyed, be destroyed in any of the following circumstances not later than the expiration of the period of 3 months from the date on which such circumstances first apply to the person:<\/p>\n<p>(a) where proceedings for a relevant offence\u2014<\/p>\n<p>(i) are not instituted against the person within the period of 12 months from the date of the taking of the sample concerned, and the failure to institute such proceedings within that period is not due to the fact that he or she has absconded or cannot be found, or<\/p>\n<p>(ii) have been instituted and\u2014<\/p>\n<p>(I) the person is acquitted of the relevant offence,<\/p>\n<p>(II) the charge against the person in respect of the relevant offence is dismissed in accordance with section 177, 177C, 177D, 178, 178C or 178D of the Act of 1954, or<\/p>\n<p>(III) the proceedings for the relevant offence are discontinued;<\/p>\n<p>(b) the person\u2019s conviction for the relevant offence concerned in connection with which the sample concerned was taken is quashed;<\/p>\n<p>(c) the person\u2019s conviction for the offence against military law concerned in connection with which the sample concerned was taken is declared to be a miscarriage of justice under section 2 of the Criminal Procedure Act 1993 .<\/p>\n<p>(2) For the purposes of this section, \u201cretention period\u201d, in relation to an intimate sample or a non-intimate sample, means the period from the taking of the sample concerned from a person to the latest date for the destruction of that sample under subsection (1).<\/p>\n<p>Extension of retention period under section 47 for intimate samples and non-intimate samples in certain circumstances<\/p>\n<p>48. (1) An intimate sample or a non-intimate sample taken from a person shall not be destroyed under section 47 in any case in which the provost marshal determines that any of the following circumstances apply:<\/p>\n<p>(a) a decision has not been taken whether or not to institute proceedings against the person for the relevant offence concerned in connection with which the sample concerned was taken;<\/p>\n<p>(b) the investigation of that relevant offence has not been concluded;<\/p>\n<p>(c) the sample concerned, and the results of any forensic testing of it, are likely to be required for the prosecution of an offence against military law connected with the event, incident or circumstances the subject of the relevant offence concerned\u2014<\/p>\n<p>(i) for use as evidence in such proceedings,<\/p>\n<p>(ii) for disclosure to, or use by, an accused in such proceedings, or<\/p>\n<p>(iii) to support the admissibility of any evidence on which the prosecution may seek to rely in such proceedings;<\/p>\n<p>(d) having regard to the matters specified in subsection (2), the provost marshal believes it is necessary to retain the sample concerned in connection with the investigation of the relevant offence concerned taking account of all the circumstances of the case and the reasons why\u2014<\/p>\n<p>(i) proceedings for that offence against military law have not been instituted against the person, or<\/p>\n<p>(ii) if such proceedings have been instituted against the person, they were determined without he or she being convicted of the relevant offence concerned.<\/p>\n<p>(2) The matters referred to in subsection (1)(d) to which the provost marshal shall have regard are the following:<\/p>\n<p>(a) whether the person concerned has any previous conviction for an offence against military law similar in nature or gravity to the relevant offence concerned in connection with which the sample concerned was taken from him or her;<\/p>\n<p>(b) the nature and seriousness of that relevant offence;<\/p>\n<p>(c) any other matter that the provost marshal considers appropriate for the purposes of the determination.<\/p>\n<p>(3) If, in relation to an intimate sample or a non-intimate sample taken from a person, the provost marshal determines that one of the paragraphs of subsection (1) applies, then, he or she may, during the retention period referred to in section 47 , give an authorisation to extend that period by a period of 12 months.<\/p>\n<p>(4) The provost marshal may, while an authorisation under subsection (3) or this subsection, as may be appropriate, is still in force, give an authorisation under this subsection to extend the retention period on a second or further occasion for a period of 12 months commencing on the expiration of the period of 12 months to which the authorisation previously given relates if he or she determines that one of the paragraphs of subsection (1) applies.<\/p>\n<p>(5) Whenever the provost marshal gives an authorisation under subsection (3) or (4), he or she shall, in relation to an intimate sample or a non-intimate sample taken from a person to whom the authorisation concerned relates, cause the person from whom the sample concerned was taken to be informed by notice in writing that the authorisation has been given under subsection (3) or (4), as may be appropriate, the date on which that authorisation was given and the right of appeal under subsection (6).<\/p>\n<p>(6) The person to whom the authorisation concerned relates may, within the period of 3 months from the date of the notice under subsection (5) concerned, appeal to the summary court-martial against that authorisation.<\/p>\n<p>(7) An appeal under subsection (6) shall\u2014<\/p>\n<p>(a) be on notice to the provost marshal, and<\/p>\n<p>(b) be heard otherwise than in public.<\/p>\n<p>(8) If, on an appeal under subsection (6), the summary court-martial\u2014<\/p>\n<p>(a) confirms the authorisation concerned, or<\/p>\n<p>(b) allows the appeal,<\/p>\n<p>the provost marshal shall give effect to the decision of the summary court-martial.<\/p>\n<p>(9) Nothing in this section shall\u2014<\/p>\n<p>(a) prevent or restrict the exercise of powers conferred by section 10 or 11 , or<\/p>\n<p>(b) pending the conclusion of proceedings under this section, prevent or restrict the use of the sample concerned for the purposes of\u2014<\/p>\n<p>(i) this Act,<\/p>\n<p>(ii) an investigation into an alleged offence against military law, or<\/p>\n<p>(iii) other proceedings.<\/p>\n<p>Destruction of intimate samples and non-intimate samples in exceptional circumstances<\/p>\n<p>49. (1) Notwithstanding sections 47 and 48 , if the provost marshal is satisfied that exceptional circumstances, specified in subsection (2), exist that justify the destruction of an intimate sample or a non-intimate sample, the sample concerned shall be destroyed as soon as practicable after the application of those circumstances in relation to that sample becomes known.<\/p>\n<p>(2) The exceptional circumstances referred to in subsection (1) are the existence of one or more of the following:<\/p>\n<p>(a) it is established, at any time after the person concerned is placed in service custody for the purposes of the investigation of a relevant offence during which the sample concerned was taken, that no such offence was committed;<\/p>\n<p>(b) it is established that the placing in service custody of the person concerned for the purposes of the investigation of a relevant offence during which the sample concerned was taken was on the basis of the mistaken identity of the person concerned as the perpetrator of that relevant offence;<\/p>\n<p>(c) it is determined by a court that the placing in service custody of the person concerned for the purposes of the investigation of a relevant offence during which the sample concerned was taken was unlawful.<\/p>\n<p>Destruction of certain samples taken for purposes of DNA (Military Police) Database System<\/p>\n<p>50. (1) Subject to subsection (2), a sample taken from a person under section 9 shall, if not previously destroyed, be destroyed\u2014<\/p>\n<p>(a) as soon as a DNA profile has been generated from the sample, or<\/p>\n<p>(b) before the expiration of the period of 6 months from the date of the taking of the sample,<\/p>\n<p>whichever occurs later.<\/p>\n<p>(2) If the provost marshal is satisfied that exceptional circumstances, specified in subsection (3), exist that justify the destruction of a sample taken from a person under section 9 , the sample shall, if not previously destroyed, be destroyed as soon as practicable after the application of those circumstances in relation to the sample becomes known.<\/p>\n<p>(3) The exceptional circumstances referred to in subsection (2) are the existence of one or more of the following:<\/p>\n<p>(a) it is established, at any time after the placing in service custody of the person concerned for the purposes of the investigation of a relevant offence during which the sample concerned was taken, that no such offence was committed;<\/p>\n<p>(b) it is established that the placing in service custody of the person concerned for the purposes of the investigation of a relevant offence during which the sample concerned was taken was on the basis of the mistaken identity of the person concerned as the perpetrator of that relevant offence; or<\/p>\n<p>(c) it is determined by a court that the placing in service custody of the person concerned for the purposes of the investigation of a relevant offence during which the sample concerned was taken was unlawful.<\/p>\n<p>Removal of certain DNA profiles from reference (Military Police) index of DNA (Military Police) Database System in certain circumstances<\/p>\n<p>51. (1) Subject to section 52 ,a DNA profile of a person generated from a sample taken from him or her under section 9 , 10 or 11 and entered in the reference (Military Police) index of the DNA (Military Police) Database System shall, if not previously removed, be removed from that System in any of the following circumstances not later than the expiration of a period of 3 months from the date on which such circumstances first apply to the person:<\/p>\n<p>(a) in a case where the sample was taken from the person under section 9 , 10 or 11 and proceedings for a relevant offence\u2014<\/p>\n<p>(i) are not instituted against the person within the period of 12 months from the date of the taking of that sample and the failure to institute such proceedings within that period is not due to the fact that he or she has absconded or cannot be found, or<\/p>\n<p>(ii) have been instituted and\u2014<\/p>\n<p>(I) the person is acquitted of the relevant offence,<\/p>\n<p>(II) the charge against the person in respect of the relevant offence is dismissed in accordance with section 177, 177C, 177D, 178, 178C or 178D of the Act of 1954, or<\/p>\n<p>(III) the proceedings for the relevant offence are discontinued;<\/p>\n<p>(b) in a case where the sample was taken from the person under section 9 , 10 or 11 and his or her conviction for the relevant offence concerned, in connection with which that sample was taken, is quashed;<\/p>\n<p>(c) the person\u2019s conviction for the offence against military law concerned in connection with which the sample concerned was taken is declared to be a miscarriage of justice under section 2 of the Criminal Procedure Act 1993 .<\/p>\n<p>(2) For the purposes of this section, \u201cretention period\u201d, in relation to the DNA profile of a person that is entered in the reference (Military Police) index of the DNA (Military Police) Database System, means the period from the generation of that DNA profile from the sample concerned taken from the person to the latest date for the removal of that DNA profile from that System under subsection (1).<\/p>\n<p>Extension of retention period under section 51 for certain DNA profiles in reference (Military Police) index of DNA (Military Police) Database System in certain circumstances<\/p>\n<p>52. (1) A DNA profile of a person in the reference (Military Police) index of the DNA (Military Police) Database System shall not be removed from that System under section 51 in any case in which the provost marshal determines that it is necessary to retain the DNA profile in that index of that System to assist in the investigation or prosecution of a relevant offence.<\/p>\n<p>(2) The provost marshal may determine under subsection (1) that the DNA profile of a person shall be retained in the reference (Military Police) index of the DNA (Military Police) Database System in either of the following circumstances:<\/p>\n<p>(a) in relation to the investigation of the relevant offence concerned in connection with which the sample concerned was taken from the person (from which his or her DNA profile was generated)\u2014<\/p>\n<p>(i) a decision whether or not to institute proceedings against the person for that offence has not been taken, or<\/p>\n<p>(ii) the investigation of that offence has not been concluded;<\/p>\n<p>(b) having regard to the matters specified in subsection (3), the provost marshal believes it is necessary to do so taking account of all the circumstances of the case and the reasons why\u2014<\/p>\n<p>(i) proceedings for that offence have not been instituted against the person, or<\/p>\n<p>(ii) if such proceedings have been instituted against the person, they were determined without him or her being convicted of the relevant offence concerned.<\/p>\n<p>(3) The matters referred to in subsection (2)(b) to which the provost marshal shall have regard are the following:<\/p>\n<p>(a) whether the person concerned has any previous conviction for an offence against military law similar in nature or gravity to the relevant offence concerned in connection with which the sample concerned was taken from him or her (from which his or her DNA profile was generated);<\/p>\n<p>(b) the nature and seriousness of that relevant offence;<\/p>\n<p>(c) any other matter that the provost marshal considers appropriate for the purposes of the determination.<\/p>\n<p>(4) Subject to subsection (7), if, in relation to the DNA profile of a person, the provost marshal makes a determination under subsection (1) on the basis that subsection (2)(a) applies, he or she may, during the retention period referred to in section 51 , give an authorisation to extend that period by a period of 12 months.<\/p>\n<p>(5) Subject to subsection (7), the provost marshal may, while an authorisation under subsection (4) or this subsection, as may be appropriate, is still in force, give an authorisation under this subsection to extend the retention period on a second or further occasion for a period of not more than 12 months commencing on the expiration of the period of 12 months to which the authorisation previously given relates if he or she makes a determination under subsection (1) on the basis that subsection (2)(a) applies.<\/p>\n<p>(6) Subject to subsection (7), the provost marshal may, while an authorisation under subsection (4) or (5), as may be appropriate, is still in force, give an authorisation under this subsection to extend the retention period on a second or further occasion for a further period commencing on the expiration of the period of 12 months to which the authorisation previously given relates if he or she makes a determination under subsection (1) on the basis that subsection (2)(b) applies.<\/p>\n<p>(7) An authorisation under subsection (4), (5) or (6) may not be given if to do so would involve the retention of the DNA profile of the person concerned for a period of more than 6 years from\u2014<\/p>\n<p>(a) the date of the taking of the sample concerned from the person, or<\/p>\n<p>(b) if appropriate, the date on which that sample is deemed under section 55 to have been taken from him or her,<\/p>\n<p>whichever is the later.<\/p>\n<p>(8) Subject to subsection (9), if, in relation to the DNA profile of a person, the provost marshal makes a determination under subsection (1) on the basis that subsection (2)(b) applies, he or she may, during the retention period referred to in section 51 ,give an authorisation to extend that period.<\/p>\n<p>(9) An authorisation under subsection (8) may extend the retention period referred to in section 51 for no longer than, in the case of any person, a period of 6 years from\u2014<\/p>\n<p>(a) the date of the taking of the sample concerned from the person, or<\/p>\n<p>(b) if appropriate, the date on which that sample is deemed under section 55 to have been taken from him or her,<\/p>\n<p>whichever is the later.<\/p>\n<p>(10) Whenever the provost marshal gives an authorisation under subsection (4), (5), (6) or (8), he or she shall, in relation to the DNA profile of the person to whom the authorisation concerned relates, cause the person to be informed by notice in writing that the authorisation has been given under subsection (4), (5), (6) or (8), as may be appropriate, the date on which that authorisation was given and of the right of appeal under subsection (11).<\/p>\n<p>(11) The person to whom the authorisation concerned relates may, within the period of 3 months from the date of the notice under subsection (10) concerned, appeal to the summary court-martial against that authorisation.<\/p>\n<p>(12) An appeal under subsection (11) shall\u2014<\/p>\n<p>(a) be on notice to the provost marshal, and<\/p>\n<p>(b) be heard otherwise than in public.<\/p>\n<p>(13) If, on an appeal under subsection (11), the summary court-martial\u2014<\/p>\n<p>(a) confirms the authorisation concerned, or<\/p>\n<p>(b) allows the appeal,<\/p>\n<p>the provost marshal shall give effect to the decision of the summary court-martial.<\/p>\n<p>(14) Nothing in this section shall\u2014<\/p>\n<p>(a) prevent or restrict the exercise of powers conferred by section 9 , 10 or 11 , or<\/p>\n<p>(b) pending the conclusion of proceedings under this section, prevent or restrict the use of the DNA profile concerned for the purposes of\u2014<\/p>\n<p>(i) this Act,<\/p>\n<p>(ii) an investigation into an alleged offence against military law, or<\/p>\n<p>(iii) other proceedings.<\/p>\n<p>Removal in exceptional circumstances of certain DNA profiles in reference (Military Police) index of DNA (Military Police) Database System from that system<\/p>\n<p>53. (1) Notwithstanding sections 51 and 52 , if the provost marshal is satisfied that exceptional circumstances, specified in subsection (2), exist that justify the removal from the DNA (Military Police) Database System of a DNA profile that was generated from a sample taken from a person under section 9 , 10 or 11 and entered in the reference (Military Police) index of that System, the DNA profile concerned shall be so removed as soon as practicable after the application of those circumstances in relation to that DNA profile becomes known.<\/p>\n<p>(2) The exceptional circumstances referred to in subsection (1) are the existence of one or more of the following:<\/p>\n<p>(a) it is established, at any time after the person concerned is placed in service custody for the purposes of the investigation of a relevant offence during which the sample concerned was taken (from which his or her DNA profile was generated), that no such offence was committed;<\/p>\n<p>(b) it is established that the placing in service custody of the person concerned for the purposes of the investigation of a relevant offence during which the sample concerned was taken (from which his or her DNA profile was generated) was on the basis of the mistaken identity of the person concerned as the perpetrator of that relevant offence;<\/p>\n<p>(c) it is determined by a court that the placing in service custody of the person concerned for the purposes of the investigation of a relevant offence during which the sample concerned was taken (from which his or her DNA profile was generated) was unlawful.<\/p>\n<p>DNA profiles not to be removed from DNA (Military Police) Database System in certain circumstances<\/p>\n<p>54. (1) Section 51 shall not apply to a person if, during the retention period\u2014<\/p>\n<p>(a) proceedings for a relevant offence (\u201cthe subsequent relevant offence\u201d) other than the offence in connection with which the sample concerned was taken (from which his or her DNA profile was generated and entered in the reference (Military Police) index of the DNA (Military Police) Database System) have not been instituted against the person, where the failure to institute such proceedings against him or her within the retention period is due to the fact that he or she absconded or could not be found,<\/p>\n<p>(b) proceedings for a relevant offence (\u201cthe subsequent relevant offence\u201d) other than the offence in connection with which the sample concerned was taken (from which his or her DNA profile was generated and entered in the reference (Military Police) index of the DNA (Military Police) Database System) have been instituted against the person, unless\u2014<\/p>\n<p>(i) the person has been acquitted of that relevant offence,<\/p>\n<p>(ii) the charge against the person in respect of that relevant offence is dismissed in accordance with section 177, 177C, 177D, 178, 178C or 178D of the Act of 1954, or<\/p>\n<p>(iii) the proceedings for that relevant offence have been discontinued,<\/p>\n<p>or<\/p>\n<p>(c) the person has been convicted of another relevant offence (\u201cthe subsequent relevant offence\u201d), unless\u2014<\/p>\n<p>(i) the conviction for that relevant offence is quashed, or<\/p>\n<p>(ii) the conviction for that relevant offence is declared to be a miscarriage of justice under section 2 of the Criminal Procedure Act 1993 .<\/p>\n<p>(2) In the circumstances referred to in subsection (1), this Part shall apply in relation to the retention of the DNA profile of the person concerned in the reference (Military Police) index of the DNA (Military Police) Database System by reference to the subsequent relevant offence referred to in paragraph (a), (b) or (c) of that subsection, as may be appropriate.<\/p>\n<p>(3) In this section, references to the retention period shall be construed as references to the retention period under section 51 and any extension of that period under an authorisation given under subsection (4), (5), (6) or (8) of section 52 , that, but for subsection (1), would have applied.<\/p>\n<p>Date on which sample under section 9, 10 or 11 may be deemed to have been taken in certain circumstances<\/p>\n<p>55. (1) This section applies where a sample (in this section referred to as the \u201cfirst sample\u201d) is taken from a person under section 9 , 10 or 11 while he or she is placed in service custody for the purposes of the investigation of a relevant offence and a DNA profile in respect of the person is generated from that sample and entered in the reference (Military Police) index of the DNA (Military Police) Database System.<\/p>\n<p>(2) If, in the circumstances referred to in subsection (1) in relation to a person\u2014<\/p>\n<p>(a) but for the taking from him or her of the first sample, a sample may be, but is not, taken from him or her on a date after the first sample was taken (\u201cthe subsequent date\u201d) under section 9 while the person is placed in service custody for the purposes of the investigation of a relevant offence other than the offence in connection with which the first sample was taken, or<\/p>\n<p>(b) an intimate sample or a non-intimate sample taken from the person on a date after the taking of the first sample (\u201cthe subsequent date\u201d) for the investigation of a relevant offence other than the offence in connection with which the first sample was taken is not used to generate a DNA profile in respect of the person to be entered in the reference (Military Police) index of the DNA (Military Police) Database System as his or her DNA profile has already been entered in that index,<\/p>\n<p>the first sample shall be deemed to have been taken from him or her on the subsequent date for the purposes of the application of subsection (7) or (9) of section 52 to the person.<\/p>\n<p>(3) The subsequent date for the purposes of subsection (2)(a) shall be the latest date on which a sample under section 9 may have been taken from the person concerned.<\/p>\n<p>Chapter 3<\/p>\n<p>Application of this Part to persons from whom samples were taken under Part 3<\/p>\n<p>Destruction of samples taken from persons under section 19 and removal of their DNA profiles from DNA (Military Police) Database System<\/p>\n<p>56. (1) Subject to subsection (4), a sample taken from a person under section 19 shall be destroyed\u2014<\/p>\n<p>(a) as soon as a DNA profile has been generated from the sample, or<\/p>\n<p>(b) before the expiration of the period of 6 months from the date of the taking of the sample,<\/p>\n<p>whichever occurs later.<\/p>\n<p>(2) Subject to subsections (5) and (6), the DNA profile in respect of a person to whom section 19 (2) applies entered in the elimination (Military Police) index of the DNA (Military Police) Database System shall not be removed from that System until the expiration of the period of 10 years after the person ceases to be a member of the Military Police and the DNA profile concerned shall be removed from that System as soon as practicable after that period.<\/p>\n<p>(3) A person to whom section 19 (3) applies and from whom a sample was taken under that section may, at any time and without specifying a reason, request the destruction of the sample, if not already destroyed, and the removal of his or her DNA profile from the DNA (Military Police) Database System by notice in writing sent or given to the provost marshal.<\/p>\n<p>(4) Subject to subsections (5) and (6), a sample taken under section 19 from a person referred to in subsection (3) shall be destroyed if not previously destroyed, and his or her DNA profile shall be removed from the DNA (Military Police) Database System, not more than 3 months after the receipt by the provost marshal of the notice under subsection (3).<\/p>\n<p>(5) If the Director of FSI, following consultation with the provost marshal, is satisfied that there is good reason relating to the investigation of offences against military law why a DNA profile in respect of a person entered in the elimination (Military Police) index of the DNA (Military Police) Database System should not be removed from that System under subsection (2) or (4), the Director of FSI may, subject to subsection (6), direct that the DNA profile should not be removed from that System.<\/p>\n<p>(6) At the end of each year, the Director of FSI shall carry out a review to determine whether any of the DNA profiles in respect of persons referred to in subsection (5) shall be removed from the DNA (Military Police) Database System and he or she shall consult the provost marshal for the purposes of that review.<\/p>\n<p>(7) The Director of FSI shall inform by notice in writing a person from whom a sample was taken under section 19 \u2014<\/p>\n<p>(a) if a direction is given by the Director of FSI under subsection (5) in relation to the DNA profile in respect of the person, and<\/p>\n<p>(b) if appropriate, of a determination under subsection (6) in relation to the DNA profile in respect of the person.<\/p>\n<p>Destruction of samples taken from person under section 20 and removal of their profiles from DNA (Military Police) Database System<\/p>\n<p>57. (1) When the DNA profile of a person from whom a sample was taken under section 20 has been compared with a DNA profile that was generated from a crime scene sample, then, subject to subsections (2) and (3), the sample taken from the person, and the DNA profile generated from that sample in respect of the person, shall be destroyed as soon as practicable.<\/p>\n<p>(2) Where the provost marshal, in the case of a sample taken from a person under section 20 , is satisfied that there is good reason relating to the investigation of a particular offence against military law why the sample taken from the person under section 20 or the DNA profile generated from the sample, as the case may be, in respect of the person, or both, should not be destroyed, he or she may direct that the sample or DNA profile, or both, shall not be destroyed until a period of not more than 3 months has elapsed after the investigation of that offence against military law is concluded or any proceedings in respect of that offence against military law are determined, whichever is the later.<\/p>\n<p>(3) The member of the Military Police who is in charge of the investigation of the offence referred to in subsection (2) shall determine, for the purposes of that subsection, when the investigation of that offence is concluded.<\/p>\n<p>(4) The provost marshal shall, by notice in writing, inform a person from whom a sample was taken under section 20 where a direction is given by the provost marshal under subsection (2) in relation to the DNA profile in respect of the person.<\/p>\n<p>Chapter 4<\/p>\n<p>Application of this Part to persons from whom samples were taken under Part 4<\/p>\n<p>Destruction of samples taken from persons under section 22 and destruction, or removal from DNA (Military Police) Database System, of their DNA profiles<\/p>\n<p>58. (1) Subject to subsection (2), a person from whom a sample was taken under section 22 may request the destruction of the sample or the DNA profile generated from the sample, or both, by notice in writing sent or given to the provost marshal.<\/p>\n<p>(2) Where the DNA profile in respect of a person from whom a sample was taken under section 22 is entered in the reference (Military Police) index of the DNA (Military Police) Database System under section 24 , a request by the person under subsection (1) to have his or her DNA profile destroyed shall be regarded as including a request to have his or her DNA profile removed from that System.<\/p>\n<p>(3) Subject to subsections (4) to (7) and section 60 , a sample taken from a person under section 22 , and the DNA profile generated from the sample in respect of the person from whom it was taken, shall be destroyed not more than 3 months after the receipt by the provost marshal of the notice under subsection (1).<\/p>\n<p>(4) Where the DNA profile in respect of a person from whom a sample was taken under section 22 is entered in the reference (Military Police) index of the DNA (Military Police) Database System under section 24 , the provost marshal may request the person to consent to the removal of the DNA profile in respect of the person from that System and its retention solely for the purposes of the investigation of the particular offence in connection with the investigation of which the sample was taken.<\/p>\n<p>(5) If the person referred to in subsection (4) consents in writing to the retention of his or her DNA profile in relation to the investigation of the particular offence concerned, then, subject to subsection (6), the DNA profile that was generated from the sample in respect of that person shall be removed from the DNA (Military Police) Database System and retained solely for the purposes of the investigation of that offence.<\/p>\n<p>(6) A member of the Military Police shall, before the consent of the person concerned is obtained under subsection (5), inform that person of the following effects of giving that consent:<\/p>\n<p>(a) that the DNA profile in respect of that person generated from the sample that has already been taken from him or her shall be removed from the DNA (Military Police) Database System and retained solely for the purposes of the investigation of the particular offence concerned;<\/p>\n<p>(b) that the DNA profile in respect of that person may be destroyed in accordance with subsections (1) and (3).<\/p>\n<p>(7) A consent under subsection (5) shall specify the particular offence that is being investigated to which it relates.<\/p>\n<p>(8) Subject to subsection (10), a sample taken from a person under section 22 , and the DNA profile generated from the sample in respect of the person from whom it was taken, shall, if not previously destroyed, be destroyed not more than 3 months after the investigation of the offence in relation to which the sample was taken is concluded or any proceedings in respect of that offence are determined, whichever is the later.<\/p>\n<p>(9) The member of the Military Police in charge of the investigation of the offence referred to in subsection (8) shall determine, for the purposes of that subsection, when the investigation of that offence is concluded.<\/p>\n<p>(10) Where the DNA profile in respect of a person from whom a sample was taken under section 22 is entered in the reference (Military Police) index of the DNA (Military Police) Database System under section 24 , that DNA profile shall not be removed from that System unless the person makes a request, or is regarded under subsection (2) as having made such a request, to have it so removed and, on such a request being made or regarded as having been made, his or her DNA profile shall be removed as soon as practicable thereafter from that System.<\/p>\n<p>Chapter 5<\/p>\n<p>Miscellaneous matters relating to destruction of samples and destruction, or removal from DNA (Military Police) Database System, of DNA profiles<\/p>\n<p>Destruction of samples and destruction or removal of DNA profiles not previously destroyed or removed from DNA (Military Police) Database System<\/p>\n<p>59. (1) An intimate or non-intimate sample taken from a person shall, if not previously destroyed, be destroyed not later than the expiration of the period of 25 years from the date of the taking of the sample.<\/p>\n<p>(2) A DNA profile of a person entered in the DNA (Military Police) Database System shall, if not previously removed, be removed from that System not later than the expiration of the period of 25 years from the date of the taking of the sample from which that profile was generated.<\/p>\n<p>Application to summary court-martial to retain certain samples and certain DNA profiles beyond retention period<\/p>\n<p>60. (1) If a summary court-martial is satisfied, on an application in that behalf by the provost marshal made within the retention period under section 51 and any extension of that period under an authorisation given under section 52 , that there is good reason why a DNA profile in respect of a person generated from a sample taken from him or her under section 9 , 10 or 11 should not be removed from the DNA (Military Police) Database System in accordance with section 51 within that retention period as so extended, the summary court-martial may make an order authorising the retention of the DNA profile in that System for such period as it considers appropriate.<\/p>\n<p>(2) If a summary court-martial is satisfied, on an application in that behalf by the provost marshal, that there is good reason relating to the investigation of a particular offence in connection with which a sample was taken under section 22 why that sample and the DNA profile generated from it in respect of the person from whom it was taken should not be destroyed in accordance with section 58 , the summary court-martial may make an order authorising the retention of the sample or the DNA profile, or both, for such period as it considers appropriate.<\/p>\n<p>(3) If a summary court-martial is satisfied, on an application in that behalf by the provost marshal made within the period referred to in section 59 (1), that there is good reason why an intimate or non-intimate sample taken from a person should not be destroyed in accordance with section 59 (1) within that period, the summary court-martial may make an order authorising the retention of the sample for such period as it considers appropriate.<\/p>\n<p>(4) If a summary court-martial is satisfied, on an application in that behalf by the provost marshal made within the period referred to in section 59 (2), that there is good reason why a DNA profile entered in the DNA (Military Police) Database System should not be removed from that System in accordance with section 59 (2) within that period, the summary court-martial may make an order authorising the retention of the DNA profile in that System for such period as it considers appropriate.<\/p>\n<p>(5) If the provost marshal intends to make an application under subsection (1), (2), (3) or (4), the provost marshal shall inform, or cause to be informed, by notice in writing the person from whom the sample concerned was taken or in respect of whom the DNA profile was generated, as the case may be, of that intention.<\/p>\n<p>(6) If, on an application under subsection (1), (2), (3) or (4), the person from whom the sample concerned was taken or in respect of whom the DNA profile was generated, as the case may be, applies to be heard by the summary court-martial, an order shall not be made under this section unless a reasonable opportunity has been given to that person to be heard.<\/p>\n<p>(7) An application under this section shall be heard otherwise than in public.<\/p>\n<p>Request to FSI or other person to destroy sample or destroy, or remove from DNA (Military Police) Database System, DNA profile<\/p>\n<p>61. Where a sample taken under this Act from a person is required by this Act to be destroyed, or the DNA profile in respect of the person generated from the sample is required by this Act to be destroyed or removed from the DNA (Military Police) Database System, the provost marshal shall request, or cause to be requested\u2014<\/p>\n<p>(a) the Director of FSI or other person who holds the sample, to destroy the sample, or<\/p>\n<p>(b) the Director of FSI, to destroy the DNA profile in respect of the person or remove it from that System, as may be appropriate,<\/p>\n<p>or both, within the period permitted by this Act for the destruction of the sample concerned or the destruction of the DNA profile concerned or its removal from that System, as the case may be.<\/p>\n<p>Circumstances in which person to be informed of destruction of sample or destruction, or removal from DNA (Military Police) Database System, of DNA profile<\/p>\n<p>62. (1) Where, in relation to an intimate sample or a non-intimate sample taken from a person, the retention period under section 47 is extended on one or more occasions under section 48 , the provost marshal shall, upon the expiration of that period (as so extended), cause the person from whom the sample concerned was taken to be informed by notice in writing as soon as may be after the sample concerned has been destroyed under this Part of its destruction.<\/p>\n<p>(2) Where, in relation to the DNA profile of a person that is entered in the reference (Military Police) index of the DNA (Military Police) Database System\u2014<\/p>\n<p>(a) the retention period under section 51 is extended on one or more occasions under section 52 , or<\/p>\n<p>(b) a summary court-martial makes an order under section 60 (1) authorising the retention of the DNA profile in that System for such period as it considers appropriate,<\/p>\n<p>the provost marshal shall, upon the expiration of the period (as so extended) concerned, cause the person to whom the DNA profile relates to be informed by notice in writing as soon as may be after the removal of the DNA profile from that System of its removal.<\/p>\n<p>(3) The provost marshal shall inform, or cause to be informed, by notice in writing a person from whom a sample was taken under section 19 or 20, as soon as may be after\u2014<\/p>\n<p>(a) the sample has been destroyed under this Part, of its destruction, or<\/p>\n<p>(b) the removal of the DNA profile in respect of the person from the DNA (Military Police) Database System under this Part, of its removal from that System.<\/p>\n<p>(4) The provost marshal shall, in relation to a sample taken under section 22 , cause the person from whom the sample was taken if he or she applied for or requested\u2014<\/p>\n<p>(a) the destruction of the sample, or<\/p>\n<p>(b) the destruction, or removal from the DNA (Military Police) Database System, of his or her DNA profile,<\/p>\n<p>or both, to be informed by notice in writing as soon as may be after\u2014<\/p>\n<p>(i) the sample has been destroyed under this Part, of its destruction, or<\/p>\n<p>(ii) the destruction of the DNA profile in respect of the person, of its destruction, or its removal from the DNA (Military Police) Database System under this Part, of its removal from that System, or both.<\/p>\n<p>PART 8<\/p>\n<h4>Offences and penalties<\/h4>\n<p>Offences and penalties<\/p>\n<p>63. A person subject to military law who obstructs or attempts to obstruct any member of the Military Police, or other person, acting under powers conferred by Part 2 or 6 , commits an offence against military law and shall, where a charge under this section is disposed of summarily under section 177C or 178C of the Act of 1954, be liable to suffer any punishment awardable thereunder or, on conviction by court-martial, be liable to suffer imprisonment for\u2014<\/p>\n<p>(a) any term not exceeding 2 years, or<\/p>\n<p>(b) any less punishment awardable by a court-martial.<\/p>\n<p>Admissibility of evidence in case of non-compliance by member of Military Police with this Act or regulations thereunder<\/p>\n<p>64. A failure to observe any provision of this Act or of any regulations made thereunder on the part of any member of the Military Police in the performance by him or her of any function under this Act, shall not, without prejudice to the power of the court-martial to exclude evidence at its discretion, of itself affect the admissibility of any evidence thereby obtained.<\/p>\n<p>Disclosure of information<\/p>\n<p>65. (1) Without prejudice to the Official Secrets Act 1963 and subject to section 71 , a person who has, or has had, access to information relating to a sample taken from a person under this Act, or information in the DNA (Military Police) Database System, shall not disclose the information except for one or more of the following purposes:<\/p>\n<p>(a) the purposes of the investigation of an offence against military law;<\/p>\n<p>(b) the purpose of a decision whether to institute proceedings for an offence against military law;<\/p>\n<p>(c) the purposes of court-martial proceedings;<\/p>\n<p>(d) the purpose of determining whether it is necessary to take a sample under this Act;<\/p>\n<p>(e) the purposes of the investigation or prosecution of a criminal offence, other than an offence against military law;<\/p>\n<p>(f) the purposes of an inquest under the Coroners Act 1962 ;<\/p>\n<p>(g) the purpose of making the information available to the person to whom the information relates;<\/p>\n<p>(h) the purposes of a review of an alleged miscarriage of justice under section 2 of the Criminal Procedure Act 1993 ;<\/p>\n<p>(i) the purposes of administering the DNA (Military Police) Database System;<\/p>\n<p>(j) the purposes of the performance by the Data Protection Commission of its functions under the Data Protection Acts 1988 to 2018;<\/p>\n<p>(k) the purposes of civil proceedings regarding the manner in which a sample was taken under this Act;<\/p>\n<p>(l) the disclosure of the information to any person if the person to whom the information relates consents to its disclosure to that person;<\/p>\n<p>(m) the automated searching of certain DNA profiles in the DNA (Military Police) Database System in accordance with Chapter 2 of Part 12 of the Act of 2014;<\/p>\n<p>(n) the automated comparison of certain DNA profiles in the DNA (Military Police) Database System with other DNA profiles in accordance with Chapter 2 of Part 12 of the Act of 2014;<\/p>\n<p>(o) any other purpose that is prescribed.<\/p>\n<p>(2) A person subject to military law who intentionally or recklessly discloses information in contravention of this section commits an offence against military law and shall, where a charge under this section is disposed of summarily under section 177C or 178C of the Act of 1954, be liable to suffer any punishment awardable thereunder or, on conviction by court-martial, be liable to suffer imprisonment for\u2014<\/p>\n<p>(a) any term not exceeding 2 years, or<\/p>\n<p>(b) any less punishment awardable by a court-martial.<\/p>\n<p>(3) A person not subject to military law who intentionally or recklessly discloses information in contravention of this section commits an offence and shall be liable\u2014<\/p>\n<p>(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or<\/p>\n<p>(b) on conviction on indictment, to a fine not exceeding \u20ac10,000 or imprisonment for a term not exceeding 2 years, or both.<\/p>\n<p>PART 9<\/p>\n<h4>Review of operation of Parts 6 and 7 by Minister<\/h4>\n<p>Review of operation of Parts 6 and 7 by Minister<\/p>\n<p>66.The Minister shall, not later than 6 years after the commencement of this section, review the operation of\u2014<\/p>\n<p>(a) Part 6 , insofar as it relates to the retention of forensic evidence or a photograph obtained under that Part, and<\/p>\n<p>(b) Part 7 , insofar as it relates to the operation of the DNA (Military Police) Database System,<\/p>\n<p>and, thereafter, the Minister may conduct similar reviews at such times as the Minister considers appropriate.<\/p>\n<p>Ministerial orders to change periods for destruction<\/p>\n<p>67. (1) The Minister may by order under this section, if he or she considers it proper to do so following a review under section 66 , provide for all or any of the following:<\/p>\n<p>(a) that the period of 25 years specified in section 44 shall be decreased to such period as is specified in the order;<\/p>\n<p>(b) that the period of 6 years specified in section 52 (7) or (9) shall be decreased to such period as is specified in the order;<\/p>\n<p>(c) that the period of 10 years specified in section 56 (2) shall be decreased to such period as is specified in the order;<\/p>\n<p>(d) that the period of 25 years specified in section 59 (1) or (2) shall be decreased to such period as is specified in the order.<\/p>\n<p>(2) When making an order under subsection (1), the Minister shall have regard to\u2014<\/p>\n<p>(a) any review by the Minister for Justice and Equality under section 95 of the Act of 2014, and<\/p>\n<p>(b) any order made by the Minister for Justice and Equality under section 96 of the Act of 2014.<\/p>\n<p>PART 10<\/p>\n<h4>Miscellaneous<\/h4>\n<p>Sample may be taken from person even if sample taken previously<\/p>\n<p>68.Subject to sections 16 , 21 and 23 , a sample may be taken from a person under a provision of this Act even if a bodily sample had been taken from the person under\u2014<\/p>\n<p>(a) the Criminal Justice (Forensic Evidence) Act 1990 , the Act of 2014 or otherwise prior to the commencement of this section, or<\/p>\n<p>(b) the same or another provision of this Act previously.<\/p>\n<p>Delegation of functions of provost marshal under this Act<\/p>\n<p>69. (1) The provost marshal may, in writing, delegate any of his or her functions under this Act to members of the Military Police specified by rank or name.<\/p>\n<p>(2) A delegation under this section may\u2014<\/p>\n<p>(a) relate to the performance of a function either generally or in a particular case or class of case or in respect of a particular matter,<\/p>\n<p>(b) be made subject to conditions or restrictions, and<\/p>\n<p>(c) be revoked or varied by the provost marshal at any time.<\/p>\n<p>(3) The delegation of a function under this section does not preclude the provost marshal from performing the function.<\/p>\n<p>(4) Where a function of the provost marshal under a provision of this Act is delegated to a person, any references in that provision to the provost marshal shall be construed as references to that person.<\/p>\n<p>(5) An act or thing done by a person pursuant to a delegation under this section has the same force and effect as if done by the provost marshal.<\/p>\n<p>Delegation of functions of Director of FSI<\/p>\n<p>70. (1) The Director of FSI may, in writing, delegate any of his or her functions under this Act to members of the staff of FSI specified by grade, name or otherwise.<\/p>\n<p>(2) A delegation under this section may\u2014<\/p>\n<p>(a) relate to the performance of a function either generally or in a particular case or class of case or in respect of a particular matter,<\/p>\n<p>(b) be made subject to conditions or restrictions, and<\/p>\n<p>(c) be revoked or varied by the Director of FSI at any time.<\/p>\n<p>(3) The delegation of a function under this section does not preclude the Director of FSI from performing the function.<\/p>\n<p>(4) Where a function of the Director of FSI under a provision of this Act is delegated to a member of the staff of FSI, any reference in that provision to the Director of FSI shall be read as a reference to that member of staff.<\/p>\n<p>(5) An act or thing done by a member of the staff of FSI pursuant to a delegation under this section has the same force and effect as if done by the Director of FSI.<\/p>\n<p>Statistics<\/p>\n<p>71. Nothing in this Act shall prevent a member of the staff of FSI from processing and using the information in the DNA (Military Police) Database System for statistical purposes and analysis provided the identity of the persons whose DNA profiles are entered in the System is not disclosed otherwise than in accordance with this Act.<\/p>\n<p>Further provision regarding the taking of samples under this Act<\/p>\n<p>72. (1) A sample under this Act\u2014<\/p>\n<p>(a) shall be taken from a person in circumstances affording reasonable privacy to the person, and<\/p>\n<p>(b) shall not be taken from a person in the presence or view of a person whose presence is not necessary for the purpose of the taking of the sample or required or permitted by this Act.<\/p>\n<p>(2) Nothing in this Act authorises the taking of a sample from a person in a cruel, inhuman or degrading manner.<\/p>\n<p>(3) A sample shall not be taken under Part 2 from a person who is placed in service custody in connection with a relevant offence while he or she is being questioned in relation to that offence and, if questioning has not been completed before the sample is to be taken, it shall be suspended while the sample is being taken.<\/p>\n<p>Regulations regarding taking of samples<\/p>\n<p>73. (1) Subject to this Act, the Minister shall make regulations relating to the taking of samples under this Act.<\/p>\n<p>(2) Without prejudice to the generality of subsection (1), the regulations may provide for all or any of the following:<\/p>\n<p>(a) the manner in which samples may be taken under this Act;<\/p>\n<p>(b) the location and physical conditions in which samples may be taken under this Act;<\/p>\n<p>(c) the persons (including members of the Military Police), and the number of such persons, who may be present when samples are taken, or to be taken, under this Act;<\/p>\n<p>(d) the manner in which, and by whom, the following shall be recorded in the records of the Military Police Corps:<\/p>\n<p>(i) an authorisation given by a member of the Military Police under this Act;<\/p>\n<p>(ii) a consent given, a refusal to give consent or a withdrawal of consent by a person under this Act;<\/p>\n<p>(iii) the giving of information to a person by a member of the Military Police under this Act;<\/p>\n<p>(iv) a notice sent or given by a member of the Military Police, or sent or given to a member of the Military Police, under this Act;<\/p>\n<p>(v) an application or a request relating to the destruction of a sample, or the removal of a DNA profile from the DNA (Military Police) Database System, or both, made under Part 7 ;<\/p>\n<p>(vi) a notice sent or given by the provost marshal to a person under section 62 ;<\/p>\n<p>(vii) particulars of the location, time and manner of the taking of a sample authorised to be taken by a member of the Military Police under this Act.<\/p>\n<p>Protocols<\/p>\n<p>74. As soon as practicable after the commencement of this section, the Director of FSI and the provost marshal, shall, by written protocols, make arrangements concerning the following matters:<\/p>\n<p>(a) the transmission of samples taken under this Act by a member of the Military Police to FSI;<\/p>\n<p>(b) the reporting by the Director of FSI of the results of searches of the DNA (Military Police) Database System to a member of the Military Police;<\/p>\n<p>(c) the operation of Part 7 .<\/p>\n<p>Evidence of certain authorisations under this Act<\/p>\n<p>75. (1) In any court-martial proceedings, a certificate to which an authorisation given under Part 2 (other than section 9 ) or Part 6 , or a copy of such an authorisation, is annexed\u2014<\/p>\n<p>(a) purporting to be signed by a member of the Military Police, and<\/p>\n<p>(b) stating\u2014<\/p>\n<p>(i) that he or she gave the authorisation concerned, and<\/p>\n<p>(ii) where appropriate, the grounds on which that authorisation was given,<\/p>\n<p>shall be admissible as evidence of the matters stated in the certificate.<\/p>\n<p>(2) In any court-martial proceedings, the court-martial may\u2014<\/p>\n<p>(a) if it considers that the interests of justice so require, direct that oral evidence be given of the matters stated in a certificate under this section, and<\/p>\n<p>(b) adjourn the proceedings to a later date for the purpose of receiving the oral evidence.<\/p>\n<p>Authorisations under this Act<\/p>\n<p>76. An authorisation given under section 9 (2), 10 (2)(a), 11 (2), 14 (1)(i), 15 (2), 16 (3)(i) or 34 (2) may be given orally but, if given orally, the authorisation shall be confirmed in writing as soon as practicable in the form prescribed under section 5 (4)(b) for that purpose.<\/p>\n<p>Non-application of Act<\/p>\n<p>77. (1) Except as provided for in this Act, nothing in this Act shall affect the operation of any provision of any other enactment relating to\u2014<\/p>\n<p>(a) a requirement on a person to provide a sample under that enactment,<\/p>\n<p>(b) any power exercisable by a member of the Military Police or other person under that enactment, or<\/p>\n<p>(c) the performance by a person or body (including the Medical Bureau of Road Safety) or any functions of the person or body under that enactment.<\/p>\n<p>(2) If a DNA profile is generated from a sample taken from a person under any provision of another enactment, it shall not be entered in the DNA (Military Police) Database System, unless it is provided for in this Act.<\/p>\n<p>Procedures that may be used for transmission of certain samples for forensic testing<\/p>\n<p>78. (1) A relevant sample may be placed in a tamper-evident container.<\/p>\n<p>(2) Whenever a relevant sample is placed in a tamper-evident container under subsection (1), the tamper-evident container shall be sealed immediately.<\/p>\n<p>(3) The person who, under subsection (2), seals a tamper-evident container containing a relevant sample shall\u2014<\/p>\n<p>(a) ensure that a unique number for the purpose of facilitating the identification of the sample is marked on the tamper-evident container,<\/p>\n<p>(b) ensure that particulars regarding the type of sample concerned are recorded on the tamper-evident container or on the relevant sample or anything attached to or enclosing it, and<\/p>\n<p>(c) record his or her name, and the date of sealing the tamper-evident container, thereon.<\/p>\n<p>(4) Where the procedures referred to in subsections (1) to (3) have been completed, a member of the Military Police shall forward, or cause to be forwarded, the sealed tamper-evident container containing the relevant sample concerned for forensic testing.<\/p>\n<p>(5) In any court-martial proceedings, it shall be presumed until the contrary is shown, that subsections (1) to (4) have been complied with in relation to a relevant sample.<\/p>\n<p>(6) In this section, \u201ccrime scene sample\u201d means any substance or material (or a sample thereof) found at, or recovered from, a crime scene with a view to it being subject to forensic testing.<\/p>\n<p>(7) In this section and in section 79 \u2014<\/p>\n<p>\u201cforensic testing\u201d, in relation to a relevant sample, means the examination and analysis of the sample and the carrying out of biochemical or other scientific tests and techniques used in connection with the detection and investigation of crime or the identification of persons or bodies, as may be appropriate, on the sample and, if appropriate, includes the generation of a DNA profile from the sample in respect of a person;<\/p>\n<p>\u201crelevant sample\u201d means\u2014<\/p>\n<p>(a) an intimate sample,<\/p>\n<p>(b) a non-intimate sample, or<\/p>\n<p>(c) a crime scene sample;<\/p>\n<p>\u201ctamper-evident container\u201d, in relation to a relevant sample, means a container, whether comprising a tube, envelope, bag or other receptacle, into which the sample is placed and which\u2014<\/p>\n<p>(a) is marked with a unique number for the purpose of facilitating the identification of the sample,<\/p>\n<p>(b) is sealable after the sample is placed in it without interfering with the integrity of the sample, and<\/p>\n<p>(c) once sealed cannot be opened, whether by cutting, tearing or other means, without leaving visible evidence of having been opened or of an attempt having been made to do so.<\/p>\n<p>Provisions relating to evidence in court-martial proceedings regarding certain samples<\/p>\n<p>79. (1) In any court-martial proceedings, a certificate purporting to be signed by a member of the staff of FSI and stating, in relation to a relevant sample\u2014<\/p>\n<p>(a) that the sample was contained in a tamper-evident container marked with a unique number that is specified in the certificate,<\/p>\n<p>(b) that he or she conducted a thorough examination of the tamper-evident container immediately before opening it and that the container displayed no sign of anyone having opened or attempted to open it,<\/p>\n<p>(c) that he or she opened the tamper-evident container in which the sample was contained and removed the sample from it for forensic testing, and<\/p>\n<p>(d) the date of opening the tamper-evident container and removing the sample from it,<\/p>\n<p>shall, until the contrary is shown, be evidence of the matters stated in the certificate without proof of any signature thereon or that any such signature is that of such member of staff of FSI.<\/p>\n<p>(2) In any court-martial proceedings, the court may\u2014<\/p>\n<p>(a) if it considers that the interests of justice so require, direct that oral evidence be given of the matters stated in a certificate under this section, and<\/p>\n<p>(b) adjourn the proceedings to a later date for the purpose of receiving the oral evidence.<\/p>\n<p>Service of notices<\/p>\n<p>80. A notice that is required to be sent or given to a person under this Act may be sent or given to the person in one of the following ways:<\/p>\n<p>(a) by delivering it to the person or his or her solicitor;<\/p>\n<p>(b) by addressing it to the person and leaving it at the address at which he or she ordinarily resides or, in a case in which an address for service has been furnished, at that address or by addressing it to his or her solicitor and leaving it at the solicitor\u2019s office;<\/p>\n<p>(c) by sending it to the person by post in a prepaid registered letter to the address at which he or she ordinarily resides or, in a case in which an address for service has been furnished, to that address or to his or her solicitor at the solicitor\u2019s office.<\/p>\n<p>Code of practice<\/p>\n<p>81. (1) The provost marshal shall, as soon as practicable after the commencement of this section and following consultation with the Director of FSI, prepare for submission to the Minister a draft code of practice for the purposes of providing practical guidance as to the procedures regarding the taking of samples by members of the Military Police from persons under this Act or causing such samples to be taken.<\/p>\n<p>(2) A code of practice prepared under this section shall be submitted to the Minister for approval.<\/p>\n<p>(3) The Minister may approve, or approve subject to modifications, a code of practice submitted to the Minister under subsection (2) and, when a code of practice has been so approved, it shall apply and have effect in accordance with its terms.<\/p>\n<p>(4) A code of practice approved under this section may be amended or revoked.<\/p>\n<p>(5) Amendments to such a code of practice, other than amendments of a minor or technical nature, shall be submitted to the Minister for approval.<\/p>\n<p>(6) If it is proposed to revoke a code of practice approved under this section, the proposed revocation shall be submitted to the Minister for approval.<\/p>\n<p>(7) The Minister may approve, or approve subject to modifications, an amended code of practice submitted to the Minister under subsection (5) and, when such a code of practice has been so approved, it shall apply and have effect in accordance with its terms.<\/p>\n<p>(8) The Minister may approve the revocation of a code of practice.<\/p>\n<p>(9) A code of practice, or an amended code of practice, approved by the Minister under this section shall be made publicly available by the provost marshal.<\/p>\n<p>PART 11<\/p>\n<h4>Amendment of Act of 2014<\/h4>\n<p>Amendment of section 2 of Act of 2014 (interpretation)<\/p>\n<p>82.Section 2 of the Act of 2014 is amended, in subsection (1), by the insertion of the following definitions:<\/p>\n<p>\u201c \u2018Act of 2022\u2019 means the Defence Forces (Evidence) Act 2022;<\/p>\n<p>\u2018DNA (Military Police) Database System\u2019 has the meaning it has in the Act of 2022;\u201d.<\/p>\n<p>Amendment of section 68 of Act of 2014 (permitted searching)<\/p>\n<p>83. Section 68 of the Act of 2014 is amended by the insertion of the following subsection:<\/p>\n<p>\u201c(10) A DNA profile entered in the DNA Database System may be compared with a DNA profile entered in the DNA (Military Police) Database System, established under section 25 of the Act of 2022, in accordance with section 32 of that Act.\u201d.<\/p>\n<p>Amendment of section 72 of Act of 2014 (functions of committee)<\/p>\n<p>84. Section 72 of the Act of 2014 is amended\u2014<\/p>\n<p>(a) in subsection (1), by\u2014<\/p>\n<p>(i) the substitution of \u201cthe DNA Database System and the DNA (Military Police) Database System\u201d for \u201cthe DNA Database System\u201d,<\/p>\n<p>(ii) the substitution of \u201cthose Systems\u201d for \u201cthe System\u201d in each place where it occurs, and<\/p>\n<p>(iii) the substitution of \u201cthis Act and the Act of 2022\u201d for \u201cthis Act\u201d,<\/p>\n<p>(b) in subsection (2) \u2014<\/p>\n<p>(i) in paragraph (a), by\u2014<\/p>\n<p>(I) the substitution of \u201cthis Act and the Act of 2022\u201d for \u201cthis Act\u201d, and<\/p>\n<p>(II) the substitution of \u201cthe DNA Database System or the DNA (Military Police) Database System, as the case may be,\u201d for \u201cthe DNA Database System,\u201d,<\/p>\n<p>(ii) in paragraph (b), by the substitution of \u201cthis Act and the Act of 2022\u201d for \u201cthis Act\u201d,<\/p>\n<p>(iii) in paragraph (c), by\u2014<\/p>\n<p>(I) the substitution of \u201cthe DNA Database System and the DNA (Military Police) Database System are\u201d for \u201cthe DNA Database System is\u201d,<\/p>\n<p>(II) the substitution of \u201cthose Systems\u201d for \u201cthe System\u201d, and<\/p>\n<p>(III) the substitution of \u201cthis Act or the Act of 2022, as the case may be,\u201d for \u201cthis Act\u201d,<\/p>\n<p>(iv) in paragraph (d), by\u2014<\/p>\n<p>(I) the substitution of \u201cthe DNA Database System and the DNA (Military Police) Database System\u201d for \u201cthe DNA Database System\u201d, and<\/p>\n<p>(II) the substitution of \u201cthe Ombudsman Commission, the Military Police Corps\u201d for \u201cthe Ombudsman Commission\u201d,<\/p>\n<p>and<\/p>\n<p>(v) by the substitution of the following paragraph for paragraph (e):<\/p>\n<p>\u201c(e) the practices and procedures employed by the Director of FSI to ensure that samples taken under this Act or the Act of 2022 for the purpose of generating DNA profiles for entry in the DNA Database System or the DNA (Military Police) Database System, as the case may be, are destroyed, and the DNA profiles generated from those samples are removed from the system concerned, in accordance with Part 10 or the Act of 2022, as the case may be,\u201d,<\/p>\n<p>(c) in subsection (3) by\u2014<\/p>\n<p>(i) the substitution of \u201cthe DNA Database System and the DNA (Military Police) Database System\u201d for \u201cthe DNA Database System\u201d, and<\/p>\n<p>(ii) the substitution of \u201cthe Minister, the Minister for Defence and the Director of FSI\u201d for \u201cthe Minister and the Director of FSI\u201d,<\/p>\n<p>(d) by the substitution of the following subsection for subsection (4):<\/p>\n<p>\u201c(4) The Committee may, and if so requested by the Minister (in respect of the DNA Database System) or the Minister for Defence (in respect of the DNA (Military Police) Database System) shall, review any matter relating to the management and operation of the DNA Database System or the DNA (Military Police) Database System and shall submit a report in writing of any such review to the Minister (where the report relates to the DNA Database System) or the Minister for Defence (where the report relates to the DNA (Military Police) Database System).\u201d,<\/p>\n<p>(e) by the substitution of the following subsection for subsection (5):<\/p>\n<p>\u201c(5) Subject to subsections (6) and (7), a Minister of the Government to whom a report was submitted under subsection (4) shall, as soon as practicable after receiving the report, cause a copy of it to be laid before each House of the Oireachtas and to be published in such manner as the Minister of the Government concerned considers appropriate.\u201d,<\/p>\n<p>(f) by the substitution of the following subsection for subsection (6):<\/p>\n<p>\u201c(6) A Minister of the Government to whom a report was submitted under subsection (4) may, when laying a copy of the report before each House of the Oireachtas or publishing the report, omit any matter from the copy of the report that is so laid or published if he or she is of the opinion that the disclosure of the matter\u2014<\/p>\n<p>(a) would be prejudicial to the security of the DNA Database System, the security of the DNA (Military Police) Database System, the security of the State or the investigation of criminal offences, or<\/p>\n<p>(b) may infringe the constitutional rights of any person.\u201d,<\/p>\n<p>and<\/p>\n<p>(g) in subsection (7), by the substitution of \u201ca Minister of the Government\u201d for \u201cthe Minister\u201d.<\/p>\n<p>Amendment of section 73 of Act of 2014 (cooperation with committee)<\/p>\n<p>85. Section 73 of the Act of 2014 is amended\u2014<\/p>\n<p>(a) in subsection (3), by the substitution of \u201cthe Garda S\u00edoch\u00e1na, the Military Police Corps\u201d for \u201cthe Garda S\u00edoch\u00e1na\u201d, and<\/p>\n<p>(b) in subsection (4), by the substitution of \u201cThe Garda S\u00edoch\u00e1na, the Military Police Corps\u201d for \u201cThe Garda S\u00edoch\u00e1na\u201d.<\/p>\n<p>Amendment of section 109 of Act of 2014 (interpretation (Part 12))<\/p>\n<p>86. Section 109 of the Act of 2014 is amended in subsection (1) by\u2014<\/p>\n<p>(a) the insertion of the following definitions:<\/p>\n<p>\u201c\u2018crime scene (Military Police) index\u2019 has the meaning it has in the Act of 2022;<\/p>\n<p>\u2018reference (Military Police) index\u2019 has the meaning it has in the Act of 2022;\u201d,<\/p>\n<p>and<\/p>\n<p>(b) in the definition of \u201cnote\u201d, the substitution of \u201cthe DNA Database System or the DNA (Military Police) Database System\u201d for \u201cthe DNA Database System\u201d.<\/p>\n<p>Amendment of section 113 of Act of 2014 (automated searching of certain DNA data in DNA Database System)<\/p>\n<p>87. Section 113 of the Act of 2014 is amended\u2014<\/p>\n<p>(a) by the substitution of the following subsection for subsection (1):<\/p>\n<p>\u201c(1) For the purposes of the investigation of criminal offences in a designated state, the national contact point shall allow the national contact point of that designated state access to\u2014<\/p>\n<p>(a) the reference data in the DNA Database System in respect of DNA profiles entered in that System in\u2014<\/p>\n<p>(i) the crime scene index, and<\/p>\n<p>(ii) the reference index, other than DNA profiles entered in that index under section 28,<\/p>\n<p>and<\/p>\n<p>(b) the reference data in the DNA (Military Police) Database System in respect of DNA profiles entered in that System in\u2014<\/p>\n<p>(i) the crime scene (Military Police) index, and<\/p>\n<p>(ii) the reference (Military Police) index, other than DNA profiles entered in that index under section 24 of the Act of 2022,<\/p>\n<p>for the purpose of conducting an automated search of those reference data by comparing a DNA profile (whether identified or unidentified) in an individual case supplied by the national contact point of that designated state with the DNA profiles referred to in paragraphs (a) and (b) to ascertain whether there is a match between them.\u201d,<\/p>\n<p>(b) in subsection (2), by the substitution of \u201cthe DNA Database System or the DNA (Military Police) Database System, as the case may be,\u201d for \u201cthe DNA Database System\u201d in each place where it occurs, and<\/p>\n<p>(c) by the substitution of the following subsection for subsection (3):<\/p>\n<p>\u201c(3) If, in relation to a DNA profile supplied by the national contact point of a designated state pursuant to subsection (1), a match of DNA profiles is found, a note to that effect may be entered in the appropriate system in relation to the DNA profile for which a match is found in the DNA Database System or the DNA (Military Police) Database System, as the case may be.\u201d.<\/p>\n<p>Amendment of section 114 of Act of 2014 (automated comparison of unidentified DNA profiles supplied by designated state with certain DNA profiles in DNA Database System)<\/p>\n<p>88. Section 114 of the Act of 2014 is amended\u2014<\/p>\n<p>(a) in subsection (1), by the substitution of \u201cthe DNA Database System or the DNA (Military Police) Database System, as the case may be,\u201d for \u201cthe DNA Database System\u201d,<\/p>\n<p>(b) by the substitution of the following subsection for subsection (2):<\/p>\n<p>\u201c(2) If a request under subsection (1) is acceded to, the national contact point shall allow the national contact point of the designated state concerned access to\u2014<\/p>\n<p>(a) the reference data in the DNA Database System in respect of the DNA profiles entered in that System in\u2014<\/p>\n<p>(i) the crime scene index, and<\/p>\n<p>(ii) the reference index, other than DNA profiles entered in that index under section 28,<\/p>\n<p>and<\/p>\n<p>(b) the reference data in the DNA (Military Police) Database System in respect of the DNA profiles entered in that System in\u2014<\/p>\n<p>(i) the crime scene (Military Police) index, and<\/p>\n<p>(ii) the reference (Military Police) index, other than DNA profiles entered in that index under section 24 of the Act of 2022,<\/p>\n<p>for the purposes of conducting an automated comparison of unidentified DNA profiles supplied in an automated way by the national contact point of that designated state with the DNA profiles referred to in paragraphs (a) and (b) to ascertain whether there is a match between any of them.\u201d,<\/p>\n<p>(c) in subsection (3), by the substitution of \u201cthe DNA Database System or the DNA (Military Police) Database System, as the case may be,\u201d for \u201cthe DNA Database System\u201d in each place where it occurs, and<\/p>\n<p>(d) by the substitution of the following subsection for subsection (4):<\/p>\n<p>\u201c(4) If, following a comparison of DNA profiles pursuant to subsection (2), a match of DNA profiles is found, a note to that effect may be entered in the appropriate system in relation to the DNA profile for which a match is found in the DNA Database System or the DNA (Military Police) Database System, as the case may be.\u201d.<\/p>\n<p>Amendment of section 115 of Act of 2014 (automated searching for certain DNA profiles in DNA analysis files of designated state)<\/p>\n<p>89. Section 115 of the Act of 2014 is amended\u2014<\/p>\n<p>(a) by the substitution of the following subsection for subsection (1):<\/p>\n<p>\u201c(1) For the purposes of the investigation of criminal offences in the State, an authorised officer for DNA data may, in connection with an individual case\u2014<\/p>\n<p>(a) supply through the DNA Database System a DNA profile entered in\u2014<\/p>\n<p>(i) the crime scene index, or<\/p>\n<p>(ii) the reference index, other than DNA profiles entered in that index under section 28,<\/p>\n<p>or<\/p>\n<p>(b) supply through the DNA (Military Police) Database System a DNA profile entered in\u2014<\/p>\n<p>(i) the crime scene (Military Police) index, or<\/p>\n<p>(ii) the reference (Military Police) index, other than DNA profiles entered in that index under section 24 of the Act of 2022,<\/p>\n<p>to the national contact point of a designated state for the purpose of conducting an automated search of the reference data in the DNA analysis files of that designated state by comparing the DNA profile concerned with the DNA profiles in those files to ascertain whether there is a match between them.\u201d,<\/p>\n<p>and<\/p>\n<p>(b) in subsection (3), by the substitution of \u201cthe DNA Database System or the DNA (Military Police) Database System, as the case may be,\u201d for \u201cthe DNA Database System\u201d.<\/p>\n<p>Amendment of section 116 of Act of 2014 (automated comparison of DNA profiles in crime scene index with DNA profiles in DNA analysis files of designated state)<\/p>\n<p>90. Section 116 of the Act of 2014 is amended\u2014<\/p>\n<p>(a) in subsection (2), by the substitution of \u201cthe DNA Database System, or the crime scene (Military Police) index of the DNA (Military Police) Database System,\u201d for \u201cthe DNA Database System\u201d, and<\/p>\n<p>(b) by the substitution of the following subsection for subsection (4):<\/p>\n<p>\u201c(4) If, following a comparison of DNA profiles under subsection (2), a match of DNA profiles is found in the DNA analysis files of the designated state concerned, a note to that effect may be entered in the DNA Database System or the DNA (Military Police) Database System, as the case may be, in relation to the DNA profile, in respect of which the match was found, in\u2014<\/p>\n<p>(a) the crime scene index of the DNA Database System, or<\/p>\n<p>(b) the crime scene (Military Police) index of the DNA (Military Police) Database System.\u201d.<\/p>\n<p>Amendment of section 118 of Act of 2014 (dactyloscopic data to which this Chapter applies)<\/p>\n<p>91. Section 118 of the Act of 2014 is amended in paragraph (a) by the substitution of \u201ca member of the Garda S\u00edoch\u00e1na or a member of the Military Police Corps,\u201d for \u201ca member of the Garda S\u00edoch\u00e1na,\u201d.<\/p>\n<p>Amendment of section 124 of Act of 2014 (purposes for which data may be processed)<\/p>\n<p>92. Section 124 of the Act of 2014 is amended\u2014<\/p>\n<p>(a) in subsection (1)(c), by the substitution of \u201cthe DNA Database System or the DNA (Military Police) Database System, as the case may be\u201d for \u201cthe DNA Database System\u201d, and<\/p>\n<p>(b) in subsection (3)(b), by the substitution of \u201cthe DNA Database System or the DNA (Military Police) Database System, as the case may be\u201d for \u201cthe DNA Database System\u201d.<\/p>\n<p>PART 12<\/p>\n<p>Miscellaneous amendments<\/p>\n<p>Amendment of section 187A of Act of 1954 (summary court-martial)<\/p>\n<p>93.Section 187A of the Act of 1954 is amended\u2014<\/p>\n<p>(a) in subsection (3) \u2014<\/p>\n<p>(i) by the substitution in paragraph (b) of \u201cor 178C,\u201d for \u201cor 178C, and\u201d,<\/p>\n<p>(ii) by the substitution in paragraph (c) of \u201cfor legal aid, and\u201d for \u201cfor legal aid.\u201d, and<\/p>\n<p>(iii) by the insertion of the following paragraphs after paragraph (c):<\/p>\n<p>\u201c(d) applications under section 35 (1) of the Act of 2022,<\/p>\n<p>(e) appeals under section 37 (6) of the Act of 2022,<\/p>\n<p>(f) applications under section 45 (1) of the Act of 2022,<\/p>\n<p>(g) appeals under section 48 (6) of the Act of 2022,<\/p>\n<p>(h) appeals under section 52(11) of the Act of 2022, and<\/p>\n<p>(i) applications under section 60 of the Act of 2022.\u201d,<\/p>\n<p>and<\/p>\n<p>(b) by the insertion of the following subsection after subsection (3):<\/p>\n<p>\u201c(4) In this section, \u201cAct of 2022\u201d means the Defence Forces (Evidence) Act 2022.\u201d.<\/p>\n<p>Amendment of Courts-Martial Appeals Act 1983<\/p>\n<p>94. The Courts-Martial Appeals Act 1983 is amended\u2014<\/p>\n<p>(a) in section 25\u2014<\/p>\n<p>(i) by the insertion of the following definition:<\/p>\n<p>\u201c\u2018Act of 2022\u2019 means the Defence Forces (Evidence) Act 2022;\u201d,<\/p>\n<p>and<\/p>\n<p>(ii) by the substitution of the following definition for the definition of \u201clegal aid certificate\u201d:<\/p>\n<p>\u201c\u2018legal aid certificate\u2019 means a legal aid (preliminary proceedings) certificate, a legal aid (court-martial) certificate, a legal aid (case stated) certificate, a legal aid (application concerning forensic evidence retention period) certificate, a legal aid (court-martial appeal) certificate or a legal aid (Supreme Court) certificate;\u201d,<\/p>\n<p>(b) in section 26(b), by the substitution of \u201cany of the provisions of the Act of 1954 or the Act of 2022 or any instrument made under either of those Acts\u201d for \u201cany of the provisions of the Act of 1954 or any instrument made under that Act\u201d, and<\/p>\n<p>(c) by the insertion of the following section after section 27A:<\/p>\n<p>\u201cLegal aid (application concerning forensic evidence retention period) certificate<\/p>\n<p>27B. (1) Where\u2014<\/p>\n<p>(a) a person appeals to the summary court-martial under section 37 (6), 48 (6) or 52 (11) of the Act of 2022 or makes an application to the summary court-martial under section 45 (1) or 60 (6) of the Act of 2022, and<\/p>\n<p>(b) a certificate for free legal aid (in this Part referred to as a \u2018legal aid (application concerning forensic evidence retention period) certificate\u2019) is granted in respect of the person concerned by the prescribed authority,<\/p>\n<p>the person shall be entitled to free legal aid in the preparation and conduct of his or her appeal or the application, as the case may be, and to have a solicitor and counsel assigned to him or her for that purpose in such manner as may be prescribed by regulations under section 33 of this Act.<\/p>\n<p>(2) A legal aid (application concerning forensic evidence retention period) certificate shall be granted in respect of a person concerned if (but only if)\u2014<\/p>\n<p>(a) application is made therefor, and<\/p>\n<p>(b) it appears to the prescribed authority that the means of the person concerned are insufficient to enable him or her to obtain legal aid.\u201d.<\/p>\n<p>1 OJ No. L 119, 4.5.2016, p. 89.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-26983\" data-postid=\"26983\" class=\"themify_builder_content themify_builder_content-26983 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Revised Courts Martial The more serious disciplinary offences by members of the Defence Forces may be tried by court-martial.\u00a0 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 [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[147],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/26983"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=26983"}],"version-history":[{"count":17,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/26983\/revisions"}],"predecessor-version":[{"id":35512,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/26983\/revisions\/35512"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=26983"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=26983"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=26983"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}