{"id":26986,"date":"2023-09-08T07:23:27","date_gmt":"2023-09-08T07:23:27","guid":{"rendered":"https:\/\/legalblog.ie\/?p=26986"},"modified":"2024-04-19T21:04:17","modified_gmt":"2024-04-19T21:04:17","slug":"military-law-discipline","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/military-law-discipline\/","title":{"rendered":"Military Law &#038; Discipline"},"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\/military-law-discipline\/#Military_Law\" title=\"Military Law\">Military Law<\/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\/military-law-discipline\/#Constitution\" title=\"Constitution\">Constitution<\/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\/military-law-discipline\/#Subject_to_Military_Law\" title=\"Subject to Military Law\">Subject to Military Law<\/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\/military-law-discipline\/#Others_Subject\" title=\"Others Subject\">Others Subject<\/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\/military-law-discipline\/#Summary_Offences\" title=\"Summary Offences\">Summary Offences<\/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\/military-law-discipline\/#Potentially_Summary\" title=\"Potentially Summary\">Potentially Summary<\/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\/military-law-discipline\/#Investigation\" title=\"Investigation\">Investigation<\/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\/military-law-discipline\/#Temporary_Custody\" title=\"Temporary Custody\">Temporary Custody<\/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\/military-law-discipline\/#Charge\" title=\"Charge\">Charge<\/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\/military-law-discipline\/#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-11\" href=\"https:\/\/legalblog.ie\/military-law-discipline\/#Minor_Sanctions\" title=\"Minor Sanctions\">Minor Sanctions<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/military-law-discipline\/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-13\" href=\"https:\/\/legalblog.ie\/military-law-discipline\/2\/#Discipline\" title=\"Discipline.\">Discipline.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/military-law-discipline\/2\/#Persons_subject_to_military_law_as_officers\" title=\"Persons subject to military law as officers.\">Persons subject to military law as officers.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/military-law-discipline\/2\/#Persons_subject_to_military_law_as_men\" title=\"Persons subject to military law as men.\">Persons subject to military law as men.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/military-law-discipline\/2\/#Liability_to_military_law_in_respect_of_status\" title=\"Liability to military law in respect of status.\">Liability to military law in respect of status.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/military-law-discipline\/2\/#Modification_of_Part_V_in_its_application_to_civilians_subject_to_military_law\" title=\"Modification of Part V in its application to civilians subject to military law.\">Modification of Part V in its application to civilians 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-18\" href=\"https:\/\/legalblog.ie\/military-law-discipline\/2\/#Place_of_trial_for_offences_against_military_law\" title=\"Place of trial for offences against military law.\">Place of trial for offences against military law.<\/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\/military-law-discipline\/2\/#Time_limit_for_trial_of_offences\" title=\"Time limit for trial of offences.\">Time limit for trial of offences.<\/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\/military-law-discipline\/2\/#Offences_against_Military_Law\" title=\"Offences against Military Law.\">Offences against Military Law.<\/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\/military-law-discipline\/2\/#Capital_offences_by_commanders_when_in_action\" title=\"Capital offences by commanders when in action.\">Capital offences by commanders when in action.<\/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\/military-law-discipline\/2\/#Capital_offences_by_any_person_in_relation_to_the_enemy\" title=\"Capital offences by any person in relation to the enemy.\">Capital offences by any person in relation to the enemy.<\/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\/military-law-discipline\/2\/#Offences_punishable_more_severely_on_active_service_than_at_other_times\" title=\"Offences punishable more severely on active service than at other times.\">Offences punishable more severely on active service than at other times.<\/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\/military-law-discipline\/2\/#Offences_related_to_prisoners_of_war\" title=\"Offences related to prisoners of war.\">Offences related to prisoners of war.<\/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\/military-law-discipline\/2\/#Mutiny_with_violence\" title=\"Mutiny with violence.\">Mutiny with violence.<\/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\/military-law-discipline\/2\/#Mutiny_without_violence\" title=\"Mutiny without violence.\">Mutiny without violence.<\/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\/military-law-discipline\/2\/#Offences_related_to_mutiny\" title=\"Offences related to mutiny.\">Offences related to mutiny.<\/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\/military-law-discipline\/2\/#Disobedience_to_superior_officer\" title=\"Disobedience to superior officer.\">Disobedience to superior officer.<\/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\/military-law-discipline\/2\/#Striking_or_offering_violence_to_a_superior_officer\" title=\"Striking or offering violence to a superior officer.\">Striking or offering violence to a superior 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\/military-law-discipline\/2\/#Insubordinate_behaviour\" title=\"Insubordinate behaviour.\">Insubordinate behaviour.<\/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\/military-law-discipline\/2\/#Disorders\" title=\"Disorders.\">Disorders.<\/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\/military-law-discipline\/2\/#Desertion\" title=\"Desertion.\">Desertion.<\/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\/military-law-discipline\/2\/#Connivance_at_desertion\" title=\"Connivance at desertion.\">Connivance at desertion.<\/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\/military-law-discipline\/2\/#Absence_without_leave\" title=\"Absence without leave.\">Absence without leave.<\/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\/military-law-discipline\/2\/#False_statement_in_respect_of_leave\" title=\"False statement in respect of leave.\">False statement in respect of leave.<\/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\/military-law-discipline\/2\/#Scandalous_conduct_of_an_officer\" title=\"Scandalous conduct of an officer.\">Scandalous conduct of an 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\/military-law-discipline\/2\/#Ill-treatment_of_inferiors\" title=\"Ill-treatment of inferiors.\">Ill-treatment of inferiors.<\/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\/military-law-discipline\/2\/#False_accusation_against_officer_or_man\" title=\"False accusation against officer or man.\">False accusation against officer or man.<\/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\/military-law-discipline\/2\/#Prohibition_on_being_under_the_influence_of_an_intoxicant\" title=\"Prohibition on being under the influence of an intoxicant.\">Prohibition on being under the influence of an intoxicant.<\/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\/military-law-discipline\/2\/#Drugs_etc\" title=\"Drugs, etc.\">Drugs, etc.<\/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\/military-law-discipline\/2\/#Malingering_or_maiming\" title=\"Malingering or maiming.\">Malingering or maiming.<\/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\/military-law-discipline\/2\/#Dilatory_conduct_in_regard_to_trials\" title=\"Dilatory conduct in regard to trials.\">Dilatory conduct in regard to trials.<\/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\/military-law-discipline\/2\/#Negligent_or_wilful_interference_with_lawful_custody\" title=\"Negligent or wilful interference with lawful custody.\">Negligent or wilful interference with lawful custody.<\/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\/military-law-discipline\/2\/#Escape_from_custody\" title=\"Escape from custody.\">Escape from custody.<\/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\/military-law-discipline\/2\/#Obstruction_of_officer_or_man_carrying_out_police_duties\" title=\"Obstruction of officer or man carrying out police duties.\">Obstruction of officer or man carrying out police duties.<\/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\/military-law-discipline\/2\/#Obstruction_of_civil_power\" title=\"Obstruction of civil power.\">Obstruction of civil power.<\/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\/military-law-discipline\/2\/#Losing_stranding_or_hazarding_State_ships\" title=\"Losing, stranding or hazarding State ships.\">Losing, stranding or hazarding State ships.<\/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\/military-law-discipline\/2\/#Unauthorised_carriage_on_ships_or_aircraft\" title=\"Unauthorised carriage on ships or aircraft.\">Unauthorised carriage on ships or aircraft.<\/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\/military-law-discipline\/2\/#Wrongful_acts_in_relation_to_aircraft\" title=\"Wrongful acts in relation to aircraft.\">Wrongful acts in relation to aircraft.<\/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\/military-law-discipline\/2\/#Inaccurate_certificate_as_regards_aircraft\" title=\"Inaccurate certificate as regards aircraft.\">Inaccurate certificate as regards aircraft.<\/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\/military-law-discipline\/2\/#Low_flying\" title=\"Low flying.\">Low flying.<\/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\/military-law-discipline\/2\/#Disobedience_of_orders_of_captain_of_aircraft\" title=\"Disobedience of orders of captain of aircraft.\">Disobedience of orders of captain of aircraft.<\/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\/military-law-discipline\/2\/#Fraud_by_persons_in_charge_of_property\" title=\"Fraud by persons in charge of property.\">Fraud by persons in charge of property.<\/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\/military-law-discipline\/2\/#Stealing_embezzlement_etc_of_property\" title=\"Stealing, embezzlement, etc., of property.\">Stealing, embezzlement, etc., of property.<\/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\/military-law-discipline\/2\/#Destruction_loss_or_improper_disposal_of_property\" title=\"Destruction, loss or improper disposal of property.\">Destruction, loss or improper disposal of property.<\/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\/military-law-discipline\/2\/#Negligent_or_furious_driving_of_service_vehicles\" title=\"Negligent or furious driving of service vehicles.\">Negligent or furious driving of service vehicles.<\/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\/military-law-discipline\/2\/#Unauthorised_use_of_service_vehicles\" title=\"Unauthorised use of service vehicles.\">Unauthorised use of service vehicles.<\/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\/military-law-discipline\/2\/#Offences_in_relation_to_courts-martial_etc\" title=\"Offences in relation to courts-martial, etc.\">Offences in relation to courts-martial, etc.<\/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\/military-law-discipline\/2\/#False_evidence\" title=\"False evidence.\">False evidence.<\/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\/military-law-discipline\/2\/#Disturbances_etc_in_billets\" title=\"Disturbances, etc., in billets.\">Disturbances, etc., in billets.<\/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\/military-law-discipline\/2\/#Fraudulent_enlistment\" title=\"Fraudulent enlistment.\">Fraudulent enlistment.<\/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\/military-law-discipline\/2\/#General_offences_in_relation_to_enlistment\" title=\"General offences in relation to enlistment.\">General offences in relation to enlistment.<\/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\/military-law-discipline\/2\/#Negligent_performance_of_duties\" title=\"Negligent performance of duties.\">Negligent performance of duties.<\/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\/military-law-discipline\/2\/#Offences_in_relation_to_documents\" title=\"Offences in relation to documents.\">Offences in relation to documents.<\/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\/military-law-discipline\/2\/#Conduct_to_the_prejudice_of_good_order_and_discipline\" title=\"Conduct to the prejudice of good order and discipline.\">Conduct to the prejudice of good order and discipline.<\/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\/military-law-discipline\/2\/#Offences_punishable_by_ordinary_law\" title=\"Offences punishable by ordinary law.\">Offences punishable by ordinary law.<\/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\/military-law-discipline\/2\/#Trial_by_court-martial_of_treason_and_certain_murders_and_attempts\" title=\"Trial by court-martial of treason and certain murders and attempts.\">Trial by court-martial of treason and certain murders and attempts.<\/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\/military-law-discipline\/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-69\" href=\"https:\/\/legalblog.ie\/military-law-discipline\/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-70\" href=\"https:\/\/legalblog.ie\/military-law-discipline\/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-71\" href=\"https:\/\/legalblog.ie\/military-law-discipline\/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-72\" href=\"https:\/\/legalblog.ie\/military-law-discipline\/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-73\" href=\"https:\/\/legalblog.ie\/military-law-discipline\/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-74\" href=\"https:\/\/legalblog.ie\/military-law-discipline\/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-75\" href=\"https:\/\/legalblog.ie\/military-law-discipline\/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-76\" href=\"https:\/\/legalblog.ie\/military-law-discipline\/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-77\" href=\"https:\/\/legalblog.ie\/military-law-discipline\/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-78\" href=\"https:\/\/legalblog.ie\/military-law-discipline\/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-79\" href=\"https:\/\/legalblog.ie\/military-law-discipline\/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-80\" href=\"https:\/\/legalblog.ie\/military-law-discipline\/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-81\" href=\"https:\/\/legalblog.ie\/military-law-discipline\/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-82\" href=\"https:\/\/legalblog.ie\/military-law-discipline\/2\/#Charges_against_men\" title=\"Charges against men.\">Charges against men.<\/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\/military-law-discipline\/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-84\" href=\"https:\/\/legalblog.ie\/military-law-discipline\/2\/#Right_to_elect_for_trial_by_court-martial-2\" 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-85\" href=\"https:\/\/legalblog.ie\/military-law-discipline\/2\/#Summary_disposal_by_commanding_officer\" title=\"Summary disposal by commanding officer.\">Summary disposal by commanding officer.<\/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\/military-law-discipline\/2\/#Remand_for_trial_by_court-martial-2\" 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-87\" href=\"https:\/\/legalblog.ie\/military-law-discipline\/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-88\" href=\"https:\/\/legalblog.ie\/military-law-discipline\/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-89\" href=\"https:\/\/legalblog.ie\/military-law-discipline\/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-90\" href=\"https:\/\/legalblog.ie\/military-law-discipline\/2\/#Charges_against_privates_and_seamen\" title=\"Charges against privates and seamen.\">Charges against privates and seamen.<\/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\/military-law-discipline\/2\/#Notice-3\" title=\"Notice.\">Notice.<\/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\/military-law-discipline\/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-93\" href=\"https:\/\/legalblog.ie\/military-law-discipline\/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-94\" href=\"https:\/\/legalblog.ie\/military-law-discipline\/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-95\" href=\"https:\/\/legalblog.ie\/military-law-discipline\/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-96\" href=\"https:\/\/legalblog.ie\/military-law-discipline\/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-97\" href=\"https:\/\/legalblog.ie\/military-law-discipline\/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-98\" href=\"https:\/\/legalblog.ie\/military-law-discipline\/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-99\" href=\"https:\/\/legalblog.ie\/military-law-discipline\/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-100\" href=\"https:\/\/legalblog.ie\/military-law-discipline\/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><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Military_Law\"><\/span>Military Law<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Members of the Defence Forces are subject to military law.\u00a0 This applies equally to officers and non-commissioned officers and soldiers.\u00a0 They are also subject to the laws of the State.<\/p>\n<p>The purpose of military law is to maintain discipline and good order in the Defence Forces.\u00a0 Good order, discipline and obedience to commands are essential parts of the Defence Forces \u00a0and military law is designed to uphold them. This necessitates that commanding officers or other authorities should have the power to investigate alleged wrongdoing and implement sanctions.<\/p>\n<p>Military law is analogous to disciplinary procedures in the civil sector.\u00a0 However, it has the force of law and carries penal consequences.\u00a0 Because of the unique role of the Defence Forces, military law has many unique features with no civilian counterparts.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Constitution\"><\/span>Constitution<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Constitution specifically allows military tribunals for the trial of offences against the military law, \u00a0alleged to have been committed by persons who are subject to military law. Separately, there is provision in the Constitution which may be invoked in time of war or armed rebellion by which military tribunals may have wider remit.<\/p>\n<p>Persons being tried under military law are entitled to the protection of the Constitution.\u00a0 The trial must be in due course of law.\u00a0 The military authorities may adopt their own procedure.<\/p>\n<p>Provided the broad principles of Constitutional justice are adhered to, the civil courts will be reluctant to intervene. Military trials are designed to uphold military order and discipline, which is primarily a matter for the military authorities.\u00a0 The courts will intervene, only \u00a0if there is a clear denial of Constitutional justice or breach of legal \u00a0rights.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Subject_to_Military_Law\"><\/span>Subject to Military Law<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Members of the Defence Forces who are not on active service may not be tried by court-martial or military tribunals unless the offence is specifically subject to their jurisdiction for the purpose of military discipline. Some offences which may be triable with respect to \u00a0civilians are triable or potentially triable by military courts and courts-martial.<\/p>\n<p>Members of the permanent Defence Forces \u00a0are subject to military law at all times.\u00a0Officers of the \u00a0Reserve Defence Forces are subject to military law<\/p>\n<ul>\n<li>when on service or duty<\/li>\n<li>when in uniform<\/li>\n<li>when attending training<\/li>\n<li>attached to or doing duty with troops subject to military law or<\/li>\n<li>ordered on duty by military authority.<\/li>\n<\/ul>\n<p>A man\/ member of the Reserve Defence Forces is subject to military law<\/p>\n<ul>\n<li>when on permanent service<\/li>\n<li>in aid of civil power<\/li>\n<li>training or exercise<\/li>\n<li>in uniform<\/li>\n<li>voluntarily in training or<\/li>\n<li>employed by military service under the order of an officer subject to military law.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Others_Subject\"><\/span>Others Subject<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person remains liable to be punished under military law within three months of cessation of service.\u00a0 The trial must commence within this period.\u00a0 The more serious offences of desertion mutiny and fraudulent enlistment are not subject to this time limit.<\/p>\n<p>For persons who remain subject to military law, a general time period applies to the commencement of offences except the above-mentioned serious offences.<\/p>\n<p>Civilians may be subject to military law when they are employed by or in the service of or accompanying any part of the Defence Forces on active service.\u00a0 Persons accompanying the Defence Forces in an official capacity under orders of the Minister for Defence are subject to military law.<\/p>\n<p>Persons serving sentences including imprisonment and detention imposed by court-martial remain subject to military law, even if discharged from the Defence Forces.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Summary_Offences\"><\/span>Summary Offences<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Many ordinary offences are also offences against military law with a separate scale of sanctions and punishments.The seriousness of the offence determines the relevant procedure.\u00a0 A\u00a0 range of offences are triable summarily by a commanding officer.\u00a0 They include<\/p>\n<ul>\n<li>disobedience to a superior officer,<\/li>\n<li>insubordinate behaviour,<\/li>\n<li>disorder,<\/li>\n<li>connivance at desertion,<\/li>\n<li>absence without leave,<\/li>\n<li>a false statement in respect of leave<\/li>\n<li>false accusations,<\/li>\n<li>\u00a0drunkenness,<\/li>\n<li>dilatory conduct,<\/li>\n<li>\u00a0obstructing an officer or\u00a0 man carrying out police duties,<\/li>\n<li>destroying or improperly, disposing of property,<\/li>\n<li>unauthorised carriage on ships or aircraft,<\/li>\n<li>negligently or furiously driving a service vehicle<\/li>\n<li>driving under the influence of alcohol<\/li>\n<li>unauthorised use of service vehicle,<\/li>\n<li>negligent performance of duties<\/li>\n<li>engaging in conduct prejudicial to \u00a0good order.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Potentially_Summary\"><\/span>Potentially Summary<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The above offences may be referred to trial by court martial if the officer commanding considers they so warrant.\u00a0Another range of more serious offences require the consent of a superior authority in order to be tried summarily by a commanding officer.\u00a0 The offences include<\/p>\n<ul>\n<li>escaping and attempting to escape from custody<\/li>\n<li>enlistment of offences,<\/li>\n<li>negligently or wilfully interfering with persons in custody.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Investigation\"><\/span>Investigation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Commanding officers have duties to enforce military law. They must ensure that the offences are communicated to persons subject to military law. Officers are obliged to cooperate and report possible breach in military law to their superior.<\/p>\n<p>A person subject to military law who is committing an offence or suspected to have or be about to commit an offence against military law, may be arrested.\u00a0 An officer may arrest or order the arrest of a man or officer or lower rank.\u00a0 He may arrest an officer of equal or higher rank who is engaged in a quarrel, a fight or disorder.<\/p>\n<p>The chief military police officer or an officer authorised by him may arrest any officer or man.\u00a0 A non-commissioned officer may arrest or order the arrest of any man.\u00a0 Any person who is subject to military law may arrest another person subject to military law and who is not an officer or man provided a commanding officer so authorised.<\/p>\n<p>An officer who is suspected of an offence may be arrested without previous investigation. However, a prior investigation will usually take place in advance. Where an office is charged, he is placed under arrest.\u00a0\u00a0A non-commissioned officer or man discharged who is charged with a serious offence may be arrested on discovery of the offence.<\/p>\n<p>A non-serious offence may be investigated and disposed of without an arrest. A non-commissioned officer or man who disobeys clear orders or resists authority may be immediately arrested and placed in custody.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Temporary_Custody\"><\/span>Temporary Custody<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Service custody involves putting in place in the charge of an escort comprising an officer or a non-commissioned officer of equal rank, deprived of firearms and confined to quarters.\u00a0 A soldier in close service custody may be placed in confinement or detention under the custody of a guard subject to being allowed to take exercise under supervision.<\/p>\n<p>A soldier may, where necessary, be committed by his commanding officer to temporary detention up to seven days in a prison or police station.\u00a0 Open service custody confines the prisoner to the barracks, and he may not leave them without the consent of his commanding officer. He is restricted in relation to use of the facilities and certain aspects of the performance of his duties.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Charge\"><\/span>Charge<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A signed copy of the alleged offence must be given to the person in custody within 24 hours.\u00a0 If this is not given, then within 48 hours, the prisoner should be released but may be rearrested for the same offence. Custody may be varied from open to close and vice-versa.<\/p>\n<p>A charge sheet sets out the particulars of the charge.\u00a0 There may be several charges or alternative charges.\u00a0 A charge may allege no more than one offence, the charge shall describe the offence.\u00a0 It should state the circumstances so to enable the accused know what is alleged against him or what he must deny.\u00a0 Certain other details must be given as to the possible offences and sanctions.<\/p>\n<p>Charges must be investigated by military authorities as soon as practicably possible.\u00a0 The commanding officer or investigating officer, on receipt of the charges, may cause witnesses and the accused to appear before him at a stated time in order to investigate the charge informally.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Procedure\"><\/span>Procedure<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Courts-martial may try all offences against military law.\u00a0 There are limited courts-martial and general courts-martial.<\/p>\n<p>They may cross-examine persons making statements against them. \u00a0\u00a0The accused may cross-examine all witnesses, including civilians.\u00a0 Civilian witnesses may be ordered or summons to attend. The y may be required to produce records.<\/p>\n<p>On each adjournment, the accused may be released or detained in custody. \u00a0Where a charge is for a very serious offence, such as murder, a more elaborate procedure is required at the investigation stage.\u00a0 The accused may be entitled to representation at certain stages of investigations.<\/p>\n<p>There is provisions for sworn depositions in respect of more serious offence.\u00a0 The procedure is more formal and affords greater protection for the accused.<\/p>\n<p>The commanding officer may determine, following an investigation, that a summary trial is appropriate.\u00a0 In the case of soldiers, he may deal with the case summarily himself.\u00a0 In the case of officers below the rank of commandant, he may refer the charge for trial by a senior officer.\u00a0 by court-martial.<\/p>\n<p>The commanding officer may dismiss a charge if he considers it should not proceed or if there is insufficient evidence.\u00a0 The charge may be amended. New charges may be made where a basis for such charges is disclosed in the investigation.<\/p>\n<p>Where the commanding officer is satisfied where the offence should be dealt with summarily (or in the case of certain offences where consent is obtained from superior authority to do so, the commanding officer may deal with the offence summarily.\u00a0 He acts as a prosecutor. \u00a0Witnesses may be examined and cross-examined.\u00a0 There are different procedures in respect of trials against officers and soldiers.<\/p>\n<p>If the commanding officer proposes after hearing evidence to make an award or order which involves a fine deduction of pay or payment of compensation. Notice must be given details of the proposed award or order and that he may ask for trial by court-martial.\u00a0 The accused has a period in which to consider this option.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Minor_Sanctions\"><\/span>Minor Sanctions<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The sanctions or punishments depend on the rank of the accused. In the case of private soldiers\u2019 punishments may include detention of up to 28 days, a fine up to three days&#8217; pay, confinement to barracks up to 14 days, or a combination.<\/p>\n<p>Non-commissioned officers may be subject to fines up to three days, reprimand, and severe reprimand.\u00a0 The above applies to officers and non-commissioned officers.<\/p>\n<p>A commanding officer may delegate the investigation of offences to a subordinate officer. \u00a0The range of sanctions which may be imposed by a subordinate officer is correspondingly lower.\u00a0 If the subordinate officer proposes to confine or forfeit a deduction from pay, he must give the accused the opportunity to have the matter referred to the scommanding officer.<\/p>\n<p>Detention may be carried out in the detention room in the barracks.\u00a0 The person against whom detention is made may not leave the barracks other than with the permission of his commanding officer.\u00a0Deductions may be made from pay.<\/p>\n<p>Summary awards are recorded in records for the officer or soldier concerned. Certain minor summary sanctions, such as confinement, are not recorded. A punishment may be mitigated or reduced but not increased after publication.<\/p>\n<p>A sanction which may be revised in some circumstances by a superior officer. He may change the award if it is too severe; it may be varied and recorded.<\/p>\n<p><!--nextpage--><\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<h2>DEFENCE ACT<\/h2>\n<p>PART V.<\/p>\n<h4>Discipline.<\/h4>\n<p>Chapter I.<\/p>\n<p>Liability to Military Law.<\/p>\n<p>Section 118<\/p>\n<h4>Persons subject to military law as officers.<\/h4>\n<p>118.\u2014(1) Each of the persons mentioned in this section shall, for the purposes of this Act, be a person subject to military law as an officer\u2014<\/p>\n<p>(a) an officer of the Permanent Defence Force at all times,<\/p>\n<p>(b) an officer of the Reserve Defence Force when\u2014<\/p>\n<p>(i) he is ordered or employed on service or duty for which as an officer of the Reserve Defence Force he is liable, or<\/p>\n<p>(ii) he is in uniform,<\/p>\n<p>(c) an officer of the Reserve Defence Force (whether in receipt of pay or otherwise) during and in respect of a time when\u2014<\/p>\n<p>(i) he is, with his own consent, attached to or doing duty with any body of troops for the time being subject to military law or ordered on duty by the military authorities, or<\/p>\n<p>(ii) he is voluntarily attending training, or<\/p>\n<p>(iii) he is undergoing treatment F81[in a military hospital, or]<\/p>\n<p>F82[(iv) he is deployed on military service under section 86A,]<\/p>\n<p>(d) subject to any general or special exemption made by the Minister (the proof whereof shall lie on the person claiming exemption), any person not otherwise subject to military law who, under the general or special orders of the Minister, accompanies in an official capacity equivalent to that of an officer any portion of the Defence Forces which is on active service,<\/p>\n<p>(e) any person not otherwise subject to military law, accompanying a portion of the Defence Forces which is on active service, who holds from the commanding officer of that portion a pass, revocable at the pleasure of such commanding officer, entitling him to be treated on the footing of an officer.<\/p>\n<p>(2) For the purposes of this section and section 119, a portion of the Defence Forces shall be on active service\u2014<\/p>\n<p>(a) during a period during which an order under subsection (2) of section 5 is in force, or<\/p>\n<p>(b) whenever that portion is engaged in operations against an enemy, or<\/p>\n<p>(c) whenever that portion is engaged in military operations in a place wholly or mainly occupied by an enemy.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F81<br \/>\nSubstituted (4.04.2022) by Defence (Amendment) Act 2021 (33\/2021), s. 8(a), S.I. No. 179 of 2022.<\/p>\n<p>F82<br \/>\nInserted (4.04.2022) by Defence (Amendment) Act 2021 (33\/2021), s. 8(b), S.I. No. 179 of 2022.<\/p>\n<p>Section 119<\/p>\n<h4>Persons subject to military law as men.<\/h4>\n<p>119.\u2014Each of the persons mentioned in this section shall, for the purposes of this Act, be a person subject to military law as a man\u2014<\/p>\n<p>(a) a man of the Permanent Defence Force at all times,<\/p>\n<p>(b) a reservist when\u2014<\/p>\n<p>(i) he is called out on permanent service or in aid of the civil power, or<\/p>\n<p>(ii) he is called out for training, exercise or other duty under this Act, or<\/p>\n<p>(iii) he is voluntarily attending training, or<\/p>\n<p>(iv) he is undergoing treatment in a military hospital, or<\/p>\n<p>(v) he is employed on military service under the orders of an officer, who is himself subject to military law, or<\/p>\n<p>(vi) he F83[is in uniform, or]<\/p>\n<p>F84[(vii) he is deployed on military service under section 91A,]<\/p>\n<p>(c) subject to any general or special exemption made by the Minister (the proof whereof shall lie on the person claiming exemption), any person not otherwise subject to military law who is employed by or is in the service of any portion of the Defence Force which is on active service,<\/p>\n<p>(d) any person, not otherwise subject to military law, who is a follower of or accompanies any portion of the Defence Forces which is on active service.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F83<br \/>\nSubstituted (4.04.2022) by Defence (Amendment) Act 2021 (33\/2021), s. 9(a), S.I. No. 179 of 2022.<\/p>\n<p>F84<br \/>\nInserted (4.04.2022) by Defence (Amendment) Act 2021 (33\/2021), s. 9(b), S.I. No. 179 of 2022.<\/p>\n<p>Section 120<\/p>\n<h4>Liability to military law in respect of status.<\/h4>\n<p>120.\u2014(1) Where an offence against military law has been committed by any person while subject to military law, such person may, subject to subsection (2) of this section, be taken into and kept in service custody and tried and punished for such offence, although he or the unit to which he belongs has ceased to be subject to military law, in like manner as he might have been taken into and kept in service custody, tried or punished, if he or such unit had continued to be so subject.<\/p>\n<p>F85[(2) Where\u2014<\/p>\n<p>(a) an offence (other than that of mutiny, desertion, fraudulent enlistment or a civil offence committed by a person subject to military law while he was on active service outside the State or while he was despatched for service outside the State for any purpose specified in section 3 of the Defence (Amendment) Act 2006) against military law triable by court-martial under this Act has been committed by any person while subject to military law, and<\/p>\n<p>(b) such person has since commission of the offence ceased to be subject to military law,<\/p>\n<p>that person may not be tried for the offence unless he is charged with the offence in accordance with this Act within six months beginning on the date on which he ceased to be so subject, but nothing in this subsection shall be construed as affecting the jurisdiction of a civil court where the offence is triable by that court as well as by court-martial.]<\/p>\n<p>F86[(3) Where a person subject to military law is sentenced by a court-martial to a term of imprisonment or detention and is in service custody, this Act shall apply to the person during the term of that sentence, notwithstanding that the person is discharged or dismissed from the Defence Forces or has otherwise ceased to be subject to military law, and the person may be kept, removed, imprisoned, made to undergo detention and punished accordingly as if the person continued to be subject to military law.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F85<br \/>\nSubstituted (21.04.2007) by Defence (Amendment) Act 2007 (24\/2007), s. 12, commenced on enactment as per s. 1(3).<\/p>\n<p>F86<br \/>\nSubstituted (21.04.2007) by Defence (Amendment) Act 2007 (24\/2007), s. 12, commenced on enactment as per s. 1(3).<\/p>\n<p>Editorial Notes:<\/p>\n<p>E20<br \/>\nPrevious affecting provision: subs. (3) amended by deletion of \u201cpenal servitude\u201d (22.07.1997) by Criminal Law Act 1997 (14\/1997), s. 14 and sch. 2, para. 4, commenced as per s. 1; subs. (3) substituted as per F-note above.<\/p>\n<p>Section 121<br \/>\nF87[<\/p>\n<h4>Modification of Part V in its application to civilians subject to military law.<\/h4>\n<p>121.\u2014 In the application of this Part to persons who do not belong to the Defence Forces, the following modifications shall be made:<\/p>\n<p>(a) where an offence against military law has been committed by any person subject to military law who does not belong to the Defence Forces and the person is remanded for trial by court-martial under this Act, that person may be tried by such class of court-martial as the Director directs and, on conviction, dealt with and punished accordingly;<\/p>\n<p>(b) any person subject to military law who does not belong to the Defence Forces shall, for the purpose of this Part, be deemed to be under the command of the prescribed officer, and that person, subject to the right to elect to be tried by court-martial pursuant to section 177B or 178B, as appropriate, may, with the prior consent of the Director, be dealt with summarily and punished under Chapter IV of this Part, according to whether the person is subject to military law as an officer or as a man.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F87<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 13, S.I. No. 254 of 2008.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E21<br \/>\nPrevious affecting provision: officer prescribed for the purposes of the section (1.09.2008) by Rules of Procedure (Defence Forces) 2008 (S.I. No. 204 of 2008), rule 71, 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 122<\/p>\n<h4>Place of trial for offences against military law.<\/h4>\n<p>122.\u2014Any person subject to military law who commits any offence against military law may be tried and punished for such offence at any place within or without the State.<\/p>\n<p>Section 123<\/p>\n<h4>Time limit for trial of offences.<\/h4>\n<p>123.\u2014F88[(1) Subject to subsection (1A), a person subject to military law shall not be charged with an offence (other than that of mutiny, desertion, fraudulent enlistment or a civil offence committed by a person subject to military law while he was on active service outside the State or while he was despatched for service outside the State for any purpose specified in section 3 of the Defence (Amendment) Act 2006) against military law triable by court-martial under this Act after the end of six years beginning with the date of commission of the offence.]<\/p>\n<p>F89[(1A) Proceedings for the summary disposal of a scheduled offence under Chapter IV of this Part may be commenced\u2014<\/p>\n<p>(a) at any time within 12 months from the date on which the offence was committed, or<\/p>\n<p>(b) at any time within 12 months from the date on which evidence sufficient, in the opinion of the person by whom the proceedings are initiated, to justify the proceedings comes to that person\u2019s knowledge,<\/p>\n<p>whichever is the later, but no such proceedings shall be commenced later than 3 years from the date on which the offence concerned was committed.<\/p>\n<p>(1B) In calculating a period referred to in subsection (1) or (1A) of this section there shall not be included any period during which the person is certified by his commanding officer as being\u2014<\/p>\n<p>(a) on active service,<\/p>\n<p>(b) despatched for service outside the State for any purpose specified in section 3 of the Defence (Amendment) Act 2006,<\/p>\n<p>(c) otherwise engaged in any other essential operational duties within or outside the State,<\/p>\n<p>(d) absent without leave, or<\/p>\n<p>(e) unavailable for investigation due to illness.]<\/p>\n<p>(2) This section shall not affect the jurisdiction of a civil court in the case of any offence triable by such court as well as by court-martial.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F88<br \/>\nSubstituted (21.04.2007) by Defence (Amendment) Act 2007 (24\/2007), s. 14(a), commenced on enactement as per s. 1(3).<\/p>\n<p>F89<br \/>\nInserted (21.04.2007) by Defence (Amendment) Act 2007 (24\/2007), s. 14(b), commenced on enactment as per s. 1(3).<\/p>\n<p>Chapter II.<\/p>\n<h4>Offences against Military Law.<\/h4>\n<p>Section 124<\/p>\n<h4>Capital offences by commanders when in action.<\/h4>\n<p>124.\u2014Every officer subject to military law and in command of a State ship, service aircraft, defence establishment, unit or other element of the Defence Forces\u2014<\/p>\n<p>(a) who, when under orders to carry out an operation of war or on coming into contact with an enemy that it is his duty to engage, negligently or through other default, does not use his utmost exertion to bring the officers and men under his command or his ship, aircraft, or his other mat\u00e9riel into action, or<\/p>\n<p>(b) who, when capable of making a successful defence, surrenders his ship, aircraft, vehicle, defence establishment, mat\u00e9riel or unit to the enemy, or<\/p>\n<p>(c) who, being in action, unjustifiably withdraws from the action, or<\/p>\n<p>(d) who unjustifiably fails to pursue an enemy or to consolidate a position gained, or<\/p>\n<p>(e) who unjustifiably fails to relieve or assist a known friend to the utmost of his power, or<\/p>\n<p>(f) who, when in action, unjustifiably forsakes his station,<\/p>\n<p>is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer F90[imprisonment for life] or any less punishment awardable by a court-martial.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F90<br \/>\nSubstituted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4(b), commenced on enactment.<\/p>\n<p>Section 125<\/p>\n<h4>Capital offences by any person in relation to the enemy.<\/h4>\n<p>125.\u2014Every person subject to military law\u2014<\/p>\n<p>(a) who treacherously deserts to the enemy, or<\/p>\n<p>(b) who treacherously or without due authority sends a flag of truce to the enemy, or<\/p>\n<p>(c) who treacherously or without due authority holds communication with or gives intelligence to the enemy, or<\/p>\n<p>(d) who misbehaves or induces others to misbehave before the enemy in such a way as to show cowardice, or<\/p>\n<p>(e) who assists the enemy with mat\u00e9riel, or<\/p>\n<p>(f) who knowingly harbours or protects an enemy not being a prisoner, or<\/p>\n<p>(g) who treacherously assists the enemy by giving a false identification or other signal or altering or interfering with any signal, or<\/p>\n<p>(h) who improperly delays or treacherously or in a cowardly manner discourages any action against the enemy, or<\/p>\n<p>(i) who, when ordered to carry out an operation of war, negligently or through other default fails to use his utmost exertion to carry the orders into effect, or<\/p>\n<p>(j) who treacherously or unjustifiably abandons or delivers up any defence establishment, garrison, place, State ship, service aircraft, vehicle or animal, mat\u00e9riel, post or guard, or<\/p>\n<p>(k) who knowingly does or omits to do anything that results in the capture by the enemy of persons or the capture or destruction by the enemy of mat\u00e9riel, or<\/p>\n<p>(l) who treacherously assists the enemy in any way not specifically hereinbefore mentioned in this section, or<\/p>\n<p>(m) who, while serving in a State ship involved in the convoying and protection of vessels,\u2014<\/p>\n<p>(i) fails to defend the vessels and goods under convoy, or<\/p>\n<p>(ii) refuses to fight in defence of the vessels in his convoy if they are attacked, or<\/p>\n<p>(iii) cowardly abandons or exposes the vessels in his convoy to hazards,<\/p>\n<p>is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer F91[imprisonment for life] or any less punishment awardable by a court-martial.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F91<br \/>\nSubstituted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4(b), commenced on enactment.<\/p>\n<p>Section 126<\/p>\n<h4>Offences punishable more severely on active service than at other times.<\/h4>\n<p>126.\u2014(1) In this section, the word \u201csafeguard\u201d means any party of the Defence Forces detached for the purpose of protecting some person or persons or for the purpose of protecting, or of preventing or controlling access to, any premises or place or for the purpose of regulating traffic on any road, railway or inland navigation, and includes any sentry being a member of the Defence Forces posted for any of the said purposes.<\/p>\n<p>(2) Every person subject to military law\u2014<\/p>\n<p>(a) who, when acting as sentry or lookout or otherwise when on watch or guard, leaves his watch, guard, picket, patrol or post before he is regularly relieved or sleeps or is F92[under the influence of an intoxicant], or<\/p>\n<p>(b) who, without orders from his superior officer, leaves his watch, guard, picket, patrol or post, or<\/p>\n<p>(c) who, without due authority, discloses in any manner whatsoever any information relating to the number, position, mat\u00e9riel, movements, preparations for movements, operations or preparations for operations of the Defence Forces or any portion thereof or to any State ships, service aircraft or vehicles, or<\/p>\n<p>(d) who makes known the parole, watchword, password, countersign or identification signal to any person not entitled to receive it or gives, without good and sufficient cause, a parole, watchword, password, countersign or identification signal different from that which he received, or<\/p>\n<p>(e) who, without due authority, alters or interferes with any identification or other signal, or<\/p>\n<p>(f) who unjustifiably occasions false alarms, or<\/p>\n<p>(g) who forces a safeguard or forces, strikes or molests a sentinel, or<\/p>\n<p>(h) who loots or plunders or breaks into any house or place with intent to loot or plunder, or<\/p>\n<p>(i) who, without orders from his superior officer, or without reasonable cause, wilfully destroys or damages any property, or<\/p>\n<p>(j) who does violence to any person bringing mat\u00e9riel to the Defence Forces, or<\/p>\n<p>(k) who, without proper authority, detains or appropriates to the unit of the Defence Forces with which he is serving any mat\u00e9riel being conveyed to any other unit of the Defence Forces, or<\/p>\n<p>(l) who impedes the provost marshal or any officer or man legally exercising authority under or on behalf of the provost marshal, or, when called on, refuses to assist in the execution of his duty the provost marshal or any such officer or man, or<\/p>\n<p>(m) who knowingly does or omits to do anything the doing or omission whereof is calculated to imperil the success or prejudice the security of the Defence Forces or any portion thereof,<\/p>\n<p>is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer,\u2014<\/p>\n<p>(i) if he commits such offence on active service, F93[imprisonment for a term not exceeding seven years] or any less punishment awardable by a court-martial, or<\/p>\n<p>(ii) if he commits such offence not on active service and is an officer, dismissal with F94[disgrace] from the Defence Forces or any less punishment awardable by a court-martial, or<\/p>\n<p>(iii) if he commits such offence not on active service and is a man, imprisonment or any less punishment awardable by a court-martial.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F92<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>F93<br \/>\nSubstituted (22.04.1997) by Criminal Law Act 1997 (14\/1997), s. 14 and sch. 2, par. 5, commenced as per s. 1.<\/p>\n<p>F94<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 127<\/p>\n<h4>Offences related to prisoners of war.<\/h4>\n<p>127.\u2014Every person subject to military law\u2014<\/p>\n<p>(a) who, by want of due precaution, or through disobedience of orders or wilful neglect of duty, is taken prisoner, or<\/p>\n<p>(b) who, having been taken prisoner, fails to rejoin the Defence Forces when able to do so, or<\/p>\n<p>(c) who, having been made a prisoner of war, serves with or aids the enemy,<\/p>\n<p>is guilty of an offence against military law, and shall, on conviction by court-martial, in case he served with or aided the enemy, be liable to suffer F95[imprisonment for life] or any less punishment awardable by a court-martial and, in any other case, be liable to suffer F96[imprisonment for a term not exceeding seven years] or any less punishment awardable by a court-martial.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F95<br \/>\nSubstituted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4(d), commenced on enactment.<\/p>\n<p>F96<br \/>\nSubstituted (22.07.1997) by Criminal Law Act 1997 (14\/1997), s. 14 and sch. 2, para. 5, commenced as per s. 1.<\/p>\n<p>Section 128<\/p>\n<h4>Mutiny with violence.<\/h4>\n<p>128.\u2014Every person subject to military law who joins in a mutiny that is accompanied by violence is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer F97[imprisonment for life] or any less punishment awardable by a court-martial.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F97<br \/>\nSubstituted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4(d), commenced on enactment.<\/p>\n<p>Section 129<\/p>\n<h4>Mutiny without violence.<\/h4>\n<p>129.\u2014Every person subject to military law who joins in a mutiny that is not accompanied by violence is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer F98[imprisonment for life] or any less punishment awardable by a court-martial.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F98<br \/>\nSubstituted (22.07.1997) by Criminal Law Act 1997 (14\/1997), s. 14 and sch. 2, para. 6, commenced as per s. 1.<\/p>\n<p>Section 130<\/p>\n<h4>Offences related to mutiny.<\/h4>\n<p>130.\u2014Every person subject to military law\u2014<\/p>\n<p>(a) who causes or conspires with any other person to cause a mutiny, or<\/p>\n<p>(b) who endeavours to persuade any person to join in a mutiny, or<\/p>\n<p>(c) who, being present, does not use his utmost endeavours to suppress a mutiny, or<\/p>\n<p>(d) who, being aware of an actual or intended mutiny, does not without delay inform his superior officer thereof,<\/p>\n<p>is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer F99[imprisonment for life] or any less punishment awardable by a court-martial.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F99<br \/>\nSubstituted (22.07.1997) by Criminal Law Act 1997 (14\/1997), s. 14, sch. 2, para. 6, commenced as per s. 1.<\/p>\n<p>Section 131<\/p>\n<h4>Disobedience to superior officer.<\/h4>\n<p>131.\u2014Every person subject to military law who disobeys a lawful command of a superior officer is guilty of an offence against military law and shall, F100[where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or,] on conviction by court-martial, be liable to suffer F101[imprisonment for a term not exceeding seven years] or any less punishment awardable by a court-martial.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F100<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 21 and sch. 6, commenced S.I. No. 254 of 2008.<\/p>\n<p>F101<br \/>\nSubstituted (22.07.1997) by Criminal Law Act 1997 (14\/1997), s. 14 and sch. 2, para. 5, commenced as per s. 1.<\/p>\n<p>Section 132<\/p>\n<h4>Striking or offering violence to a superior officer.<\/h4>\n<p>132.\u2014Every person subject to military law who strikes or attempts to strike, or uses, attempts to use, or offers violence to a superior officer is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer F102[imprisonment for life] or any less punishment awardable by a court-martial.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F102<br \/>\nSubstituted (22.07.1997) by Criminal Law Act 1997 (14\/1997), s. 14, sch. 2, para. 6, commenced as per s. 1.<\/p>\n<p>Section 133<\/p>\n<h4>Insubordinate behaviour.<\/h4>\n<p>133.\u2014Every person subject to military law who uses threatening or insulting language to, or behaves in an insubordinate manner towards, a superior officer is guilty of an offence against military law and shall, F103[where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or,] on conviction by court-martial, be liable to suffer imprisonment F104[for any term not exceeding two years] or any less punishment awardable by a court-martial.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F103<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 21 and sch. 6, commenced S.I. No. 254 of 2008.<\/p>\n<p>F104<br \/>\nInserted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4(e), commenced on enactment.<\/p>\n<p>Section 134<\/p>\n<h4>Disorders.<\/h4>\n<p>134.\u2014Every person subject to military law\u2014<\/p>\n<p>(a) who, being concerned in a quarrel, fray or disorder, refuses to obey an officer, though of inferior rank, who orders him into arrest, or strikes or uses or offers violence to any such officer, or<\/p>\n<p>(b) who strikes or uses or offers violence to any other person in whose custody he is placed, whether or not such other person is his superior officer and whether or not such other person is subject to military law, or<\/p>\n<p>(c) who resists an escort whose duty it is to apprehend him or to have him in charge, or<\/p>\n<p>(d) who breaks out of barracks, station, camp, quarters or ship,<\/p>\n<p>is guilty of an offence against military law and shall, F105[where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or,] on conviction by court-martial, be liable to suffer imprisonment F106[for any term not exceeding two years] or any less punishment awardable by a court-martial.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F105<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 21 and sch. 6, commenced S.I. No. 254 of 2008.<\/p>\n<p>F106<br \/>\nInserted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4(e), commenced on enactment.<\/p>\n<p>Section 135<\/p>\n<h4>Desertion.<\/h4>\n<p>135.\u2014(1) Every person subject to military law who deserts or attempts to desert the Defence Forces is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer,\u2014<\/p>\n<p>(a) if he commits such offence on active service, F107[imprisonment for life] or any less punishment awardable by a court-martial, or<\/p>\n<p>(b) if he commits such offence not on active service, in the case of a first offence, imprisonment F108[for any term not exceeding two years] or any less punishment awardable by a court-martial or, in the case of a second or any subsequent offence, F109[imprisonment for a term not exceeding seven years] or any less punishment awardable by a court-martial.<\/p>\n<p>(2) (a) For the purposes of this Act, a person deserts the Defence Forces\u2014<\/p>\n<p>(i) if, being on or having been warned for hazardous duty or important service F110[(which, for the purpose of this section, includes, but is not limited to, active service or service with a contingent or as a member despatched for service outside the State for any purpose specified in section 3 of the Defence (Amendment) Act 2006)], he is absent without due authority with the intention of avoiding that duty or service, or<\/p>\n<p>(ii) if, having been warned that his vessel is under sailing orders, he is absent without due authority with the intention of missing that vessel, or<\/p>\n<p>(iii) if he absents himself without due authority from his unit or formation or from the place where his duty requires him to be, with the intention of not returning to that unit, formation or place, or<\/p>\n<p>(iv) if he is absent without due authority from his unit or formation or from the place where his duty requires him to be and at any time during such absence forms the intention of not returning to that unit, formation or place, or<\/p>\n<p>(v) if, while absent with due authority from his unit or formation or from the place where his duty requires him to be, with the intention of not returning to that unit, formation or place, he does any act or omits to do anything, the natural and probable consequence of which act or omission is to preclude his return to that unit, formation or place at the time required.<\/p>\n<p>(b) For the purposes of paragraph (a) of this subsection, a person who has been absent without authority for a continuous period of six months or more shall, unless the contrary is proved, be presumed to have had the intention of not returning to his unit or formation or the place where his duty requires him to be.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F107<br \/>\nSubstituted (22.07.1997) by Criminal Law Act 1997 (14\/1997), s. 14, sch. 2, para. 6, commenced as per s. 1.<\/p>\n<p>F108<br \/>\nInserted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4 (e), commenced on enactment.<\/p>\n<p>F109<br \/>\nSubstituted (22.07.1997) by Criminal Law Act 1997 (14\/1997), s. 14, sch. 2, para. 5, commenced as per s. 1.<\/p>\n<p>F110<br \/>\nInserted (21.04.2007) by Defence (Amendment) Act 2007 (24\/2007), s. 15, commenced as per s. 1(3).<\/p>\n<p>Section 136<\/p>\n<h4>Connivance at desertion.<\/h4>\n<p>136.\u2014Every person subject to military law\u2014<\/p>\n<p>(a) who, being aware of the desertion or intended desertion of a person, does not without reasonable excuse inform his superior officer forthwith, or<\/p>\n<p>(b) who fails to take any steps in his power to cause the apprehension of a person known by him to be a deserter,<\/p>\n<p>is guilty of an offence against military law and shall, F111[where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or,] on conviction by court-martial, be liable to suffer imprisonment F112[for any term not exceeding two years] or any less punishment awardable by a court-martial.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F111<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 21 and sch. 6, S.I. No. 254 of 2008.<\/p>\n<p>F112<br \/>\nInserted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4 (e), commenced on enactment.<\/p>\n<p>Section 137<\/p>\n<h4>Absence without leave.<\/h4>\n<p>137.\u2014(1) Every person subject to military law who absents himself without leave is guilty of an offence against military law and shall, F113[where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or,] on conviction by court-martial, be liable to suffer imprisonment F114[for any term not exceeding two years] or any less punishment awardable by a court-martial.<\/p>\n<p>(2) For the purposes of this Act, a person absents himself without leave\u2014<\/p>\n<p>(a) if, without authority, he leaves his unit or formation or the place where his duty requires him to be, or<\/p>\n<p>(b) if, without authority, he is absent from his unit or formation or the place where his duty requires him to be, or<\/p>\n<p>(c) if, having been authorised to be absent from his unit or formation or the place where his duty required him to be, he fails to return to that unit, formation or place at the expiration of the period for which his absence was authorised,<\/p>\n<p>and the expression \u201cabsent himself without leave\u201d shall in this Act be construed accordingly.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F113<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 21, sch. 6, S.I. No. 254 of 2008.<\/p>\n<p>F114<br \/>\nInserted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4(e), commenced on enactment.<\/p>\n<p>Section 138<\/p>\n<h4>False statement in respect of leave.<\/h4>\n<p>138.\u2014Every person subject to military law who knowingly makes a false statement in respect of prolongation of leave of absence is guilty of an offence against military law and shall, F115[where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or,] on conviction by court-martial, be liable to suffer, if an officer, dismissal from the Defence Forces or any less punishment awardable by a court-martial, or, if a man, detention or any less punishment awardable by a court-martial.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F115<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 21, sch. 6, S.I. No. 254 of 2008.<\/p>\n<p>Section 139<\/p>\n<h4>Scandalous conduct of an officer.<\/h4>\n<p>139.\u2014Every officer who, being subject to military law, behaves in a scandalous manner, unbecoming the character of an officer, is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer dismissal with F116[disgrace] from the Defence Forces or dismissal from the Defence Forces.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F116<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 140<\/p>\n<h4>Ill-treatment of inferiors.<\/h4>\n<p>140.\u2014Every person subject to military law who strikes or otherwise ill-treats any member of the Defence Forces, who by reason of rank or appointment is subordinate to him, is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer imprisonment F117[for any term not exceeding two years] or any less punishment awardable by a court-martial.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F117<br \/>\nInserted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4 (e), commenced on enactment.<\/p>\n<p>Section 141<\/p>\n<h4>False accusation against officer or man.<\/h4>\n<p>141.\u2014Every person subject to military law\u2014<\/p>\n<p>(a) who makes a false accusation against an officer or man, knowing such accusation to be false, or<\/p>\n<p>(b) who knowingly makes a false statement affecting the character of an officer or man,<\/p>\n<p>is guilty of an offence against military law and shall, F118[where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or,] on conviction by court-martial, be liable to suffer imprisonment F119[for any term not exceeding two years] or any less punishment awardable by a court-martial.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F118<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 21, sch. 6, S.I. No. 254 of 2008.<\/p>\n<p>F119<br \/>\nInserted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4(e), commenced on enactment.<\/p>\n<p>Section 142<br \/>\nF120[<\/p>\n<h4>Prohibition on being under the influence of an intoxicant.<\/h4>\n<p>142.\u2014 (1) Every person subject to military law who, whether on duty or not on duty, due to his or her being under the influence of an intoxicant\u2014<\/p>\n<p>(a) is unfit to be entrusted with any duty that the person is or may be required to perform, or<\/p>\n<p>(b) behaves in a disorderly manner or in any manner likely to bring discredit on the Defence Forces,<\/p>\n<p>is guilty of an offence against military law and shall, where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or, on conviction by court-martial, be liable to suffer\u2014<\/p>\n<p>(i) in the case of an officer, dismissal from the Defence Forces or any less punishment awardable by a court-martial, or<\/p>\n<p>(ii) in the case of a man, where the offence is committed on active service or on duty, imprisonment for any term not exceeding two years or any less punishment awardable by a court-martial, or<\/p>\n<p>(iii) in the case of a man, where the offence is committed otherwise than on active service or on duty, detention for a period not exceeding ninety days or any less punishment awardable by a court-martial.<\/p>\n<p>(2) In any proceedings for an offence under this section, evidence given by a person subject to military law of his opinion that another such person was, at the material time, under the influence of an intoxicant shall, without more, be evidence, until the contrary is proved, of intoxication.<\/p>\n<p>(3) In any proceedings for an offence under this section it shall be a defence for the person charged with the offence to prove that the intoxicant concerned was administered by, or taken in accordance with the directions of, a registered medical practitioner or a registered dentist (or both so administered and taken).]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F120<br \/>\nSubstituted (21.04.2007) by Defence (Amendment) Act 2007 (24\/2007), s. 16, commenced as per s. 1(3).<\/p>\n<p>Editorial Notes:<\/p>\n<p>E22<br \/>\nPrevious affecting provision: s. 142(b) amended (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4; substituted as per F-note above.<\/p>\n<p>Section 142A<br \/>\nF121[<\/p>\n<h4>Drugs, etc.<\/h4>\n<p>142A.\u2014F122[\u2026]]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F121<br \/>\nInserted (24.06.1987) by Defence (Amendment) Act 1987 (8\/1987), s. 5, commenced on enactment.<\/p>\n<p>F122<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>E23<br \/>\nPrevious affecting provision: s. 142A(1)(ii) amended (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4, commenced on enactment; superseded as per F-note above.<\/p>\n<p>Section 143<\/p>\n<h4>Malingering or maiming.<\/h4>\n<p>143.\u2014Every person subject to military law\u2014<\/p>\n<p>(a) who malingers or feigns or induces disease or infirmity, or<\/p>\n<p>(b) who induces, aggravates, or delays the cure of, disease or infirmity by misconduct or wilful disobedience of orders, or<\/p>\n<p>(c) who wilfully maims or injures himself or any other person who is a member of the Defence Forces, whether at the instance of that person or not, with intent thereby to render himself or that other person unfit for service, or causes himself to be maimed or injured by any person with intent thereby to render himself unfit for service,<\/p>\n<p>is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer imprisonment F123[for any term not exceeding two years] or any less punishment awardable by a court-martial.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F123<br \/>\nInserted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4(e), commenced on enactment.<\/p>\n<p>Section 144<\/p>\n<h4>Dilatory conduct in regard to trials.<\/h4>\n<p>144.\u2014Every person subject to military law who unnecessarily detains any other person in arrest or confinement without bringing him to trial, or fails to bring that other person\u2019s case before the proper authority for investigation, is guilty of an offence against military law and shall, F124[where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or,] on conviction by court-martial, be liable to suffer imprisonment F125[for any term not exceeding two years] or any less punishment awardable by a court-martial.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F124<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 21, sch. 6, S.I. No. 254 of 2008.<\/p>\n<p>F125<br \/>\nInserted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4(e), commenced on enactment.<\/p>\n<p>Section 145<\/p>\n<h4>Negligent or wilful interference with lawful custody.<\/h4>\n<p>145.\u2014Every person subject to military law\u2014<\/p>\n<p>(a) who, without proper authority, sets free or authorises or otherwise facilitates the setting free of any person in custody, or<\/p>\n<p>(b) who negligently or wilfully allows to escape any person who is committed to his charge, or whom it is his duty to guard or keep in custody, or<\/p>\n<p>(c) who assists any person in escaping or attempting to escape from custody,<\/p>\n<p>is guilty of an offence against military law and shall, F126[where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or,] on conviction by court-martial, be liable, in case he acted wilfully, to suffer F127[imprisonment for a term not exceeding seven years] or any less punishment awardable by a court-martial and, in any other case, to suffer imprisonment F128[for any term not exceeding two years] or any less punishment awardable by a court-martial.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F126<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 21, sch. 6, S.I. No. 254 of 2008.<\/p>\n<p>F127<br \/>\nSubstituted (22.07.1997) by Criminal Law Act 1997 (14\/1997), s. 14 and sch. 2, para. 5, commenced as per s. 1.<\/p>\n<p>F128<br \/>\nInserted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4(e), commenced on enactment.<\/p>\n<p>Section 146<\/p>\n<h4>Escape from custody.<\/h4>\n<p>146.\u2014Every person subject to military law who, being in arrest or confinement or in prison or otherwise in lawful custody, escapes, or attempts to escape, is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer imprisonment F129[for any term not exceeding two years] or any less punishment awardable by a court-martial.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F129<br \/>\nInserted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4(e), commenced on enactment.<\/p>\n<p>Section 147<\/p>\n<h4>Obstruction of officer or man carrying out police duties.<\/h4>\n<p>147.\u2014Every person subject to military law\u2014<\/p>\n<p>(a) who resists or wilfully obstructs an officer or man in carrying out any duty, performed by such officer or man with due authority, pertaining to the arrest, custody or confinement of a person subject to military law, or<\/p>\n<p>(b) who, when called upon, refuses or neglects to assist an officer or man in the performance of any such duty,<\/p>\n<p>is guilty of an offence against military law and shall, F130[where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or,] on conviction by court-martial, be liable to suffer imprisonment F131[for any term not exceeding two years] or any less punishment awardable by a court-martial.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F130<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 21, sch. 6, S.I. No. 254 of 2008.<\/p>\n<p>F131<br \/>\nInserted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4(e), commenced on enactment.<\/p>\n<p>Section 148<\/p>\n<h4>Obstruction of civil power.<\/h4>\n<p>148.\u2014Every person subject to military law\u2014<\/p>\n<p>(a) who neglects or refuses to deliver over an officer or man to the civil power, pursuant to a warrant in that behalf, or<\/p>\n<p>(b) who neglects or refuses to assist in the lawful apprehension of an officer or man accused of an offence punishable by a civil court,<\/p>\n<p>is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer imprisonment F132[for any term not exceeding two years] or any less punishment awardable by a court-martial.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F132<br \/>\nInserted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4 (e), commenced on enactment.<\/p>\n<p>Section 149<\/p>\n<h4>Losing, stranding or hazarding State ships.<\/h4>\n<p>149.\u2014Every person subject to military law who wilfully or negligently or through other default loses, strands, hazards or damages or suffers to be lost, stranded, hazarded or damaged any State ship, is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer F133[imprisonment for a term not exceeding seven years] or any less punishment awardable by a court-martial.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F133<br \/>\nSubstituted (22.07.1997) by Criminal Law Act 1997 (14\/1997), s. 14 and sch. 2, para. 5, commenced as per s. 1.<\/p>\n<p>Section 150<br \/>\nF134[<\/p>\n<h4>Unauthorised carriage on ships or aircraft.<\/h4>\n<p>150.\u2014 Every person subject to military law who knowingly consigns, takes or receives on board, or allows to be carried on board, a State ship or service aircraft, or a ship or aircraft used for any purpose by the Defence Forces, persons, goods or merchandise that the person is not authorised to consign, take or receive on board is guilty of an offence against military law and shall, where a charge under this section is disposed of summarily under section 177C or 178C, as the case may be, be liable to suffer any punishment awardable thereunder or, on conviction by court-martial, be liable to suffer imprisonment for any term not exceeding two years or any less punishment awardable by a court-martial.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F134<br \/>\nSubstituted (21.04.2007) by Defence (Amendment) Act 2007 (24\/2007), s. 17, commenced as per s. 1(3).<\/p>\n<p>Editorial Notes:<\/p>\n<p>E24<br \/>\nPrevious affecting provision: section amended (11.07.1990) by Criminal Justicte Act 1990 (16\/1990), s. 7 and sch. 1, para. 4; superseded as per F-note above.<\/p>\n<p>Section 151<\/p>\n<h4>Wrongful acts in relation to aircraft.<\/h4>\n<p>151.\u2014Every person subject to military law\u2014<\/p>\n<p>(a) who, in the use of or in relation to any service aircraft or service aircraft material, wilfully or negligently or by neglect of or contrary to regulations, orders or instructions, does any act or omits to do anything, which act or omission causes or is likely to cause loss of life or bodily injury to any person, or<\/p>\n<p>(b) who, wilfully or negligently or by neglect of or contrary to regulations, orders or instructions, does any act or omits to do anything, which act or omission results or is likely to result in damage to or destruction or loss of any service aircraft or service aircraft material, or<\/p>\n<p>(c) who, during a state of war, wilfully or negligently causes the sequestration by or under the authority of a neutral State of any service aircraft, or<\/p>\n<p>(d) who, during a state of war, wilfully or negligently causes, otherwise than in accordance with regulations, orders or instructions, the destruction in a neutral State of any service aircraft,<\/p>\n<p>is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer F135[imprisonment for a term not exceeding seven years] or any less punishment awardable by a court-martial.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F135<br \/>\nSubstituted (22.07.1997) by Criminal Law Act 1997 (14\/1997), s. 14 and sch. 2, para. 5, commenced as per s. 1.<\/p>\n<p>Section 152<\/p>\n<h4>Inaccurate certificate as regards aircraft.<\/h4>\n<p>152.\u2014Every person subject to military law who signs any certificate in relation to F136[service aircraft or service aircraft material] without ensuring the accuracy thereof is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer imprisonment F137[for any term not exceeding two years] or any less punishment awardable by a court-martial.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F136<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>F137<br \/>\nInserted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4(e), commenced on enactment.<\/p>\n<p>Section 153<\/p>\n<h4>Low flying.<\/h4>\n<p>153.\u2014Every person subject to military law who flies a service aircraft at a height less than the minimum height authorised in the circumstances is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer imprisonment F138[for any term not exceeding two years] or any less punishment awardable by a court-martial.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F138<br \/>\nInserted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4 (e), commenced on enactment.<\/p>\n<p>Section 154<\/p>\n<h4>Disobedience of orders of captain of aircraft.<\/h4>\n<p>154.\u2014(1) Every person subject to military law who, when in a service aircraft, disobeys any lawful command given by the captain of the aircraft in relation to the flying or handling of the aircraft or affecting the safety of the aircraft, whether the captain is subject to military law or not, is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer F139[imprisonment for a term not exceeding seven years] or any less punishment awardable by a court-martial.<\/p>\n<p>(2) For the purposes of this section\u2014<\/p>\n<p>(a) every person, whatever his rank, shall when he is in a service aircraft be under the command, as respects all matters relating to the flying or handling of the aircraft or affecting the safety of the aircraft, of the captain of the aircraft, whether the latter is subject to military law or not;<\/p>\n<p>(b) if the service aircraft is a glider and is being towed by another aircraft, the captain of the glider shall so long as his glider is being towed be under the command, as respects all matters relating to the flying or handling of the glider or affecting the safety of the glider, of the captain of the towing aircraft, whether the latter is subject to military law or not.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F139<br \/>\nSubstituted (22.07.1997) by Criminal Law Act 1997 (14\/1997), s. 14 and sch. 2, para. 5, commenced as per s. 1.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C45<br \/>\nSection interpreted (24.06.1987) by Defence (Amendment) Act 1987 (8\/1987), s. 6(5), commenced on enactment.<\/p>\n<p>Powers exercisable by captain of service aircraft and certain other persons when safely of aircraft. etc. in jeopardy.<\/p>\n<p>6.\u2014 &#8230;<\/p>\n<p>(5) For the purposes of this section and section 154 of the Principal Act, the person who has been designated to be in command of a service aircraft shall be regarded as being the captain of the aircraft.<\/p>\n<p>Section 155<\/p>\n<h4>Fraud by persons in charge of property.<\/h4>\n<p>155.\u2014Every person subject to military law who, being charged with or concerned in the care and distribution of any public property or service property, steals, fraudulently converts or misapplies or embezzles that property or is concerned in or connives at the stealing, fraudulent conversion or misapplication or embezzlement thereof shall be guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer F140[imprisonment for a term not exceeding seven years] or any less punishment awardable by a court-martial.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F140<br \/>\nSubstituted (22.07.1997) by Criminal Law Act 1997 (14\/1997), s. 14 and sch. 2, para. 5, commenced as per s. 1.<\/p>\n<p>Section 156<\/p>\n<h4>Stealing, embezzlement, etc., of property.<\/h4>\n<p>F141[156.\u2014(1) Every person subject to military law who\u2014<\/p>\n<p>(a) steals or otherwise unlawfully obtains any property belonging to a person subject to military law or any public service property or service property, or<\/p>\n<p>(b) handles or possesses (within the meaning of section 17 or 18 of the Criminal Justice (Theft and Fraud Offences) Act, 2001) any such property,<\/p>\n<p>is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer imprisonment for any term not exceeding two years or any less punishment awardable by a court martial.<\/p>\n<p>(2) The said sections 17 and 18 shall apply to the offences of handling and possessing under subsection (1)(b) of this section as they apply to the offences of handling and possessing stolen or otherwise unlawfully obtained property.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F141<br \/>\nSubstituted (1.08.2002) by Criminal Justice (Theft and Fraud Offences) Act 2001 (50\/2001), s. 63, S.I. No. 252 of 2002.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E25<br \/>\nPrevious affecting provision: section substituted (22.08.1990) by Larceny Act 1990 (9\/1990), s. 11, commenced as per s. 13(1); substituted as per F-note above.<\/p>\n<p>E26<br \/>\nPrevious affecting provision: section construed (22.08.1990) by Larceny Act 1990 (9\/1990), s. 13(4), commenced as per s. 13(1); Act of 1990 repealed (1.08.2002) by Justice (Theft and Fraud Offences) Act 2001 (50\/2001), s. 3 and sch. with transitional provision in s. 65, S.I. No. 252 of 2002.<\/p>\n<p>E27<br \/>\nPrevious affecting provision: section amended (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4, commenced on enactment; substituted as per E-note above.<\/p>\n<p>Section 157<\/p>\n<h4>Destruction, loss or improper disposal of property.<\/h4>\n<p>157.\u2014Every person subject to military law\u2014<\/p>\n<p>(a) who wilfully destroys or damages, loses by neglect, improperly sells or wastefully expends any property being\u2014<\/p>\n<p>(i) public property, or<\/p>\n<p>(ii) service property, or<\/p>\n<p>(iii) property received for, or administered by or through, service messes, institutes or canteens, or<\/p>\n<p>(iv) property contributed by members of the Defence Forces for the collective benefit and welfare of such members, or<\/p>\n<p>(v) property derived from, purchased out of the proceeds of sale of, or received in exchange for property mentioned in subparagraph (iii) or (iv) of this paragraph, or<\/p>\n<p>(b) who wilfully destroys, damages or improperly sells, pawns, or pledges any property belonging to another person who is subject to military law,<\/p>\n<p>is guilty of an offence against military law and shall, F142[where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or,] on conviction by court-martial, be liable to suffer imprisonment F143[for any term not exceeding two years] or any less punishment awardable by a court-martial.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F142<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 21, sch. 6, S.I. No. 254 of 2008.<\/p>\n<p>F143<br \/>\nInserted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4(e), commenced on enactment.<\/p>\n<p>Section 158<br \/>\nBribery, corruption and fraud.<\/p>\n<p>158.\u2014Every person subject to military law\u2014<\/p>\n<p>(a) who connives at the exaction, by a person supplying property or services to the Defence Forces, of an exorbitant price therefor, or<\/p>\n<p>(b) who wrongfully demands or accepts compensation, consideration or personal advantage in respect of the performance of any military duty or in respect of any matter relating to the Department of Defence or the Defence Forces, or<\/p>\n<p>(c) who receives directly or indirectly, whether personally or by or through any member of his family or person under his control, or for his benefit, any gift, loan, promise, compensation or consideration, either in money or otherwise, from any person, for assisting or favouring any person in the transaction of any business relating to the Department of Defence or the Defence Forces, or to any service mess, institute or canteen,<\/p>\n<p>is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer F144[imprisonment for a term not exceeding seven years] or any less punishment awardable by a court-martial.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F144<br \/>\nSubstituted (22.07.1997) by Criminal Law Act 1997 (14\/1997), s. 14 and sch. 2, para. 5, commenced as per s. 1.<\/p>\n<p>Section 159<\/p>\n<h4>Negligent or furious driving of service vehicles.<\/h4>\n<p>159.\u2014(1) Every person subject to military law\u2014<\/p>\n<p>(a) who, having the charge of a service vehicle, by wanton or furious driving or racing or other wilful misconduct or by wilful neglect, does or causes to be done any bodily injury to any person or damage to any property, or<\/p>\n<p>(b) who drives a service vehicle on a street, road, highway or any other place, whether public or private, in a manner that is dangerous to any person or property having regard to all the circumstances of the case, or<\/p>\n<p>(c) who drives or attempts to drive a service vehicle while he is F145[under the influence of an intoxicant],<\/p>\n<p>is guilty of an offence against military law and shall, F146[where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or,] on conviction by court-martial, be liable to suffer imprisonment F147[for any term not exceeding two years] or any less punishment awardable by a court-martial.<\/p>\n<p>F145[(2) For the purposes of paragraph (c) of subsection (1) of this section a person shall be deemed to have been under the influence of an intoxicant while driving or attempting to drive a service vehicle if\u2014<\/p>\n<p>(a) the officer investigating the charge under Chapter IV of this Part, or<\/p>\n<p>(b) the summary court-martial or, in the case of a general court-martial or limited court-martial, the court-martial board,<\/p>\n<p>is satisfied that such person was, by reason of the taking by him of an intoxicant, in such a condition that he was incapable of exercising effective control of such vehicle while in motion.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F145<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 4(2), sch. 2, S.I. No. 254 of 2008.<\/p>\n<p>F146<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 21, sch. 6, S.I. No. 254 of 2008.<\/p>\n<p>F147<br \/>\nInserted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4 (e), commenced on enactment.<\/p>\n<p>Section 160<\/p>\n<h4>Unauthorised use of service vehicles.<\/h4>\n<p>160.\u2014Every person subject to military law\u2014<\/p>\n<p>(a) who uses a service vehicle for an unauthorised purpose, or<\/p>\n<p>(b) who, without due authority, uses a service vehicle for any purpose, or<\/p>\n<p>(c) who uses a service vehicle contrary to any regulation, order or instruction,<\/p>\n<p>is guilty of an offence against military law and shall, F148[where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or,] on conviction by court-martial, be liable to suffer imprisonment F149[for any term not exceeding two years] or any less punishment awardable by a court-martial.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F148<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 21, sch. 6, S.I. No. 254 of 2008.<\/p>\n<p>F149<br \/>\nInserted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4(e), commenced on enactment.<\/p>\n<p>Section 161<\/p>\n<h4>Offences in relation to courts-martial, etc.<\/h4>\n<p>161.\u2014(1) In this section, the expression \u201cservice tribunal\u201d means\u2014<\/p>\n<p>(a) a court-martial,<\/p>\n<p>F150[(b) an officer, pursuant to section 177, investigating a charge of an offence for which a person would be required on conviction to be sentenced to imprisonment for life,<\/p>\n<p>(c) a commanding officer, pursuant to section 178, investigating a charge of an offence for which a person would be required on conviction to be sentenced to imprisonment for life,]<\/p>\n<p>(d) an officer taking a summary of evidence in accordance with regulations made under section 184,<\/p>\n<p>(e) a court of inquiry.<\/p>\n<p>(2) Every person subject to military law\u2014<\/p>\n<p>(a) who, being duly summoned or ordered to attend as a witness before a service tribunal, makes default in attending, or<\/p>\n<p>(b) who refuses to take an oath or make an affirmation lawfully required by a service tribunal to be taken or made, or<\/p>\n<p>(c) who refuses to produce any document in his power or control lawfully required by a service tribunal to be produced by him, or<\/p>\n<p>(d) who refuses when a witness to answer any question to which a service tribunal may lawfully require an answer, or<\/p>\n<p>(e) who uses insulting or threatening language or causes any interruption or disturbance in the proceedings of a service tribunal, or<\/p>\n<p>F151[(ea) who communicates with the Director, a member of his staff (including a prosecuting officer), a member of a court-martial board, a military judge or a witness in any proceedings under this Act for the purpose of influencing, directly or indirectly, any decision relating to the performance of their functions, including, as appropriate, a decision to withdraw or not to institute such proceedings or any particular charge in such proceedings or the conduct or trial of any such proceedings, or<\/p>\n<p>(eb) who fails, refuses or neglects to comply with a direction of the military judge under section 195, or<\/p>\n<p>(ec) who, by act or omission, obstructs or hinders a service tribunal in the performance of its functions, or]<\/p>\n<p>F152[(f) who does or omits to do any other thing, which, if the service tribunal were a civil court having power to commit for contempt, would be contempt of that court,]<\/p>\n<p>is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer imprisonment F153[for any term not exceeding two years] or any less punishment awardable by a court-martial.<\/p>\n<p>F154[(3) If the Director, a member of his staff (including a prosecuting officer), a member of a court-martial board, a military judge or a witness in any proceedings under this Act is of the opinion that a communication is in breach of subsection (2)(ea) of this section, it shall be the duty of that person not to entertain the communication further.<\/p>\n<p>(4) (a) In the case of the Director or a member of his staff, subsection (2)(ea) of this section does not apply to\u2014<\/p>\n<p>(i) communications made by a person who is a complainant in proceedings for, or has been charged with, an offence under this Act or believes that he is likely to be charged with an offence under this Act, or<\/p>\n<p>(ii) communications made by a person involved in the matter either personally or as legal or medical adviser to a person involved in the matter or as a social worker or a member of the family F155[or the civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010] of a person involved in the matter.<\/p>\n<p>(b) In this subsection &#8220;member of the family&#8221; means spouse, parent, grandparent, step-parent, child (including a step-child or an adopted child), grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece or nephew of the person concerned;<\/p>\n<p>&#8220;spouse&#8221; means each person of a couple in relation to the other;<\/p>\n<p>&#8220;couple&#8221; means a married couple or a man and woman who are not married to each other but are cohabiting as husband and wife.<\/p>\n<p>(5) Subsection (2) of this section shall apply in relation to the summary disposal of charges under section 177C, 178C or 179C, as the case may be, as it applies to a service tribunal and for the purposes of such application references in the said subsection (2) to a service tribunal shall be construed as references to the summary disposal of charges under section 177C, 178C or 179C, as the case may be.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F150<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 18(a), S.I. No. 254 of 2008.<\/p>\n<p>F151<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 18(b)(i), S.I. No. 254 of 2008.<\/p>\n<p>F152<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 18(b)(ii), S.I. No. 254 of 2008.<\/p>\n<p>F153<br \/>\nInserted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4 (e), commenced on enactment.<\/p>\n<p>F154<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 18(c), S.I. No. 254 of 2008.<\/p>\n<p>F155<br \/>\nInserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 170 and sch. pt. 5, item. 3, S.I. No. 648 of 2010.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C46<br \/>\nCertain records exempted from application of Freedom of Information Act 2014 (14.10.2014) by Freedom of Information Act 2014 (30\/2014), s. 42(a)(ii), commenced on enactment.<\/p>\n<p>Restriction of Act<\/p>\n<p>42. This Act does not apply to\u2014<\/p>\n<p>(a) a record held by\u2014 &#8230;<\/p>\n<p>(ii) a service tribunal within the meaning of section 161 of the Defence Act 1954,<\/p>\n<p>and relating to, or to proceedings in, a court or such a tribunal, other than\u2014<\/p>\n<p>(I) a record that relates to proceedings in a court or such a tribunal held in public but was not created by the court or tribunal and whose disclosure to the general public is not prohibited by the court or the tribunal, or<\/p>\n<p>(II) a record relating to the general administration of the courts or the offices of the courts or such a tribunal or any offices of such a tribunal,<\/p>\n<p>&#8230;<\/p>\n<p>Editorial Notes:<\/p>\n<p>E28<br \/>\nPrevious affecting provision: certain records exempted from application of Freedom of Information Act 1997 (21.04.1998) by Freedom of Information Act 1997 (13\/1997), s. 46(1)(a)(iii), commenced as per s. 1(2); repealed (14.10.2014) by Freedom of Information Act 2014 (30\/2014), s. 5 and sch. 4, commenced as per s. 1(2).<\/p>\n<p>Section 162<br \/>\nF156[<\/p>\n<h4>False evidence.<\/h4>\n<p>162.\u2014 Every person subject to military law who, when examined on oath or solemn declaration before\u2014<\/p>\n<p>(a) a service tribunal within the meaning of section 161,<\/p>\n<p>(b) an authorised officer investigating a charge under section 177C,<\/p>\n<p>(c) a commanding officer investigating a charge under section 178C, or<\/p>\n<p>(d) a subordinate officer investigating a charge under section 179C,<\/p>\n<p>knowingly gives false evidence is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer imprisonment for any term not exceeding two years or any less punishment awardable by a court-martial.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F156<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 19, S.I. No. 254 of 2008.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E29<br \/>\nPrevious affecting provision: section amended (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4(e), commenced on enactment; substituted as per F-note above.<\/p>\n<p>Section 163<\/p>\n<h4>Disturbances, etc., in billets.<\/h4>\n<p>163.\u2014Every person subject to military law\u2014<\/p>\n<p>(a) who ill-treats, by violence, extortion or making disturbance in billets or otherwise, any occupant of a house in which any person is billeted or of any premises in which accommodation for mat\u00e9riel has been provided, or<\/p>\n<p>(b) who fails to comply with regulations in respect of payment of the just demands of the person on whom he or any officer or man under his command is or has been billeted or the occupant of premises in which mat\u00e9riel is or has been accommodated,<\/p>\n<p>is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer imprisonment F157[for any term not exceeding two years] or any less punishment awardable by a court-martial.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F157<br \/>\nInserted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4(e), commenced on enactment.<\/p>\n<p>Section 164<\/p>\n<h4>Fraudulent enlistment.<\/h4>\n<p>164.\u2014(1) Every person subject to military law as a man who fraudulently enlists is guilty of an offence against military law and shall, F158[where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or,] on conviction by court-martial, be liable to suffer imprisonment F159[for any term not exceeding two years] or any less punishment awardable by a court-martial.<\/p>\n<p>(2) For the purposes of this Act, a man fraudulently enlists who,\u2014<\/p>\n<p>(a) while belonging to the Permanent Defence Force, or having been called out on permanent service as a man of the Reserve Defence Force, without having obtained a regular discharge therefrom, or otherwise fulfilling the conditions enabling him to enlist, enlists in the Permanent Defence Force, or<\/p>\n<p>(b) when belonging to the Permanent Defence Force, enlists in the Reserve Defence Force without having fulfilled the conditions enabling him to so enlist.<\/p>\n<p>(3) When an offender has fraudulently enlisted on several occasions he may for the purpose of this section be deemed to belong to any one or more of the service corps or units to which he has been appointed or transferred as well as the service corps or unit to which he properly belongs.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F158<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 21, sch. 6, S.I. No. 254 of 2008.<\/p>\n<p>F159<br \/>\nInserted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4(e), commenced on enactment.<\/p>\n<p>Section 165<\/p>\n<h4>General offences in relation to enlistment.<\/h4>\n<p>165.\u2014Every person subject to military law\u2014<\/p>\n<p>(a) who is concerned in the enlistment for service in the Permanent Defence Force or the Reserve Defence Force of any man when he knows or has reasonable cause to believe such man to be so circumstanced that by enlisting he commits an offence against military law, or<\/p>\n<p>(b) who wilfully contravenes any enactment or regulation in any matter relating to the enlistment or attestation of men of the Permanent Defence Force or the Reserve Defence Force,<\/p>\n<p>is guilty of an offence against military law and shall, F160[where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or,] on conviction by court-martial, be liable to suffer imprisonment F161[for any term not exceeding two years] or any less punishment awardable by a court-martial.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F160<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 21, sch. 6, S.I. No. 254 of 2008.<\/p>\n<p>F161<br \/>\nInserted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4(e), commenced on enactment.<\/p>\n<p>Section 166<\/p>\n<h4>Negligent performance of duties.<\/h4>\n<p>166.\u2014Every person subject to military law who negligently performs a military duty imposed on him is guilty of an offence against military law and shall, F162[where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or,] on conviction by court-martial, be liable, if an officer, to suffer dismissal from the Defence Forces or any less punishment awardable by a court-martial or, if a man, to suffer imprisonment F163[for any term not exceeding two years] or any less punishment awardable by a court-martial.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F162<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 21, sch. 6, S.I. No. 254 of 2008.<\/p>\n<p>F163<br \/>\nInserted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4(e), commenced on enactment.<\/p>\n<p>Section 167<\/p>\n<h4>Offences in relation to documents.<\/h4>\n<p>167.\u2014Every person subject to military law\u2014<\/p>\n<p>(a) who knowingly or negligently makes or signs a document, required for official purposes, that is false, or<\/p>\n<p>(b) who knowingly or negligently orders the making or signing of a document, required for official purposes, that is false, or<\/p>\n<p>(c) who, when signing a document required for official purposes, leaves in blank any material part for which his signature is a voucher, or<\/p>\n<p>(d) who, knowingly and with intent to injure any person or with intent to deceive, suppresses, defaces, alters or makes away with any document or file kept, made or issued for any purpose connected with the Department of Defence or the Defence Forces, or<\/p>\n<p>(e) who refuses or, by culpable neglect, omits to make or send a report or return which it is his duty to make or send, is guilty of an offence against military law and shall, F164[where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or,] on conviction by court-martial, be liable to suffer imprisonment F165[for any term not exceeding two years] or any less punishment awardable by a court-martial.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F164<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 21, sch. 6, S.I. No. 254 of 2008.<\/p>\n<p>F165<br \/>\nInserted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4(e), commenced on enactment.<\/p>\n<p>Section 168<\/p>\n<h4>Conduct to the prejudice of good order and discipline.<\/h4>\n<p>168.\u2014(1) Every person subject to military law who commits any act, conduct, disorder or neglect to the prejudice of good order and discipline is guilty of an offence against military law and shall, F166[where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or,] on conviction by court-martial, be liable, if an officer, to suffer dismissal from the Defence Forces or any less punishment awardable by a court-martial and, if a man, to suffer imprisonment F167[for any term not exceeding two years] or any less punishment awardable by a court-martial.<\/p>\n<p>(2) (a) A person shall not be charged under this section with an offence which is, by virtue of any previous section contained in this Chapter, an offence against military law.<\/p>\n<p>(b) Where a person is charged with an offence in contravention of this subsection and is convicted\u2014<\/p>\n<p>(i) the conviction shall not be invalid by reason only of such contravention unless it appears that an injustice has been done to the person charged by reason of such contravention,<\/p>\n<p>(ii) the responsibility of an officer for such contravention shall not be affected by the validity of the conviction.<\/p>\n<p>(3) For the purposes of this section\u2014<\/p>\n<p>(a) the contravention (by act or omission) by any person of\u2014<\/p>\n<p>(i) any of the provisions of this Act, or<\/p>\n<p>(ii) any regulations, orders or instructions published for the general information and guidance of that portion of the Defence Forces to which that person belongs or to which he is attached, or<\/p>\n<p>(iii) any general, garrison, unit, station, standing or local orders,<\/p>\n<p>is an act, conduct, disorder or neglect to the prejudice of good order and discipline;<\/p>\n<p>(b) an attempt to commit any offence which is, by virtue of any previous section contained in this Chapter, an offence against military law is, unless such attempt is in itself an offence against military law under that section, an act, conduct, disorder or neglect to the prejudice of good order and discipline.<\/p>\n<p>(4) Subsection (3) of this section shall not be construed as affecting the generality of subsection (1) of this section.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F166<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 21, sch. 6, S.I. No. 254 of 2008.<\/p>\n<p>F167<br \/>\nInserted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4(e), commenced on enactment.<\/p>\n<p>Section 169<br \/>\nF168[<\/p>\n<h4>Offences punishable by ordinary law.<\/h4>\n<p>169.\u2014(1) Subject to the provisions of this Act, every person who, while he is subject to military law, commits any of the offences referred to in this section shall be deemed to be guilty of an offence against military law and, if charged under this section with any such offence (in this Act referred to as a civil offence) shall be liable to be tried by court-martial.<\/p>\n<p>(2) Where a person charged under this section is convicted by a court-martial of treason or murder, he shall be sentenced to imprisonment for life.<\/p>\n<p>F169[(3) Where a person charged under this section is convicted by a court-martial of an offence other than treason or murder, he shall be liable to be punished as follows:<\/p>\n<p>(a) if he is convicted of manslaughter, be liable to imprisonment for life or any lesser punishment awardable by a court-martial;<\/p>\n<p>(b) if he is convicted 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), be liable to imprisonment for life or any lesser punishment awardable by a court-martial;<\/p>\n<p>F170[(c) if convicted of an offence under section 3 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, be liable\u2014<\/p>\n<p>(i) to imprisonment for life\u2014<\/p>\n<p>(I) if the offence involves murder or, in the case of an offence committed outside the State, the killing of a person in such circumstances as would constitute murder if the offence were committed within the State, or<\/p>\n<p>(II) if a term of life imprisonment would be justified by the extreme gravity of the offence and the individual circumstances of the convicted person,<\/p>\n<p>or<\/p>\n<p>(ii) in any other case, to imprisonment for a term not exceeding thirty years;]<\/p>\n<p>(d) if he is convicted of an offence under the Criminal Justice (United Nations Convention against Torture) Act 2000 be liable to imprisonment for life;<\/p>\n<p>(e) if he is convicted of an offence under the Criminal Justice (Safety of United Nations Workers) Act 2000 be liable either to suffer any punishment assigned for such offence by that Act or any lesser punishment awardable by a court-martial;<\/p>\n<p>(f) if he is convicted of an offence under the Criminal Justice (Terrorist Offences) Act 2005, be liable to suffer any punishment assigned for such offence by that Act;<\/p>\n<p>(g) if he is convicted of any offence not before in this section particularly specified which when committed in the State is punishable by the ordinary criminal law of the State, be liable, whether the offence is committed in the State or elsewhere, either to suffer any punishment assigned for such offence by law of the State or to suffer\u2014<\/p>\n<p>(i) if he is subject to military law as an officer, dismissal with F171[disgrace] from the Defence Forces or any lesser punishment awardable by a court-martial, or<\/p>\n<p>(ii) if he is subject to military law as a man, imprisonment for any term not exceeding two years or any lesser punishment awardable by a court-martial.]]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F168<br \/>\nSubstituted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4(f), commenced on enactment.<\/p>\n<p>F169<br \/>\nSubstituted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2\/2005), s. 56(a), commenced on enactment.<\/p>\n<p>F170<br \/>\nSubstituted (31.10.2006) by International Criminal Court Act 2006 (30\/2006), s. 66 and sch. 3, para. 1(a), commenced on enactment.<\/p>\n<p>F171<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>Editorial Notes:<\/p>\n<p>E30<br \/>\nPrevious affecting provision: para. (ddd) inserted in subs. (3) (28.06.2000) by Criminal Justice (Safety of United Nations Workers) Act 2000 (16\/2000), s. 6(a), commenced on enactment; subs. (3) substituted as per F-note above.<\/p>\n<p>E31<br \/>\nPrevious affecting provision: para. (dd) inserted in subs. (3) (14.06.2000) by Criminal Justice (United Nations Convention Against Torture) Act 2000 (11\/2000), s. 6(a), commenced on enactment; subs. (3) substituted as per F-note above.<\/p>\n<p>E32<br \/>\nPrevious affecting provision: subs. (3)(a) and (b) amended (22.07.1997) by Criminal Law Act 1997 (14\/1997), s. 14 and sch. 2, para. 6, commenced as per s. 1; subs. (3) substituted as per F-note above.<\/p>\n<p>E33<br \/>\nPrevious affecting provision: subs. (3)(b) amended (18.01.1991) by Criminal (Rape) (Amendment) Act 1990 (32\/1990), s. 19, commenced as per s. 22(3); subs. (3) substituted as per F-note above.<\/p>\n<p>E34<br \/>\nPrevious affecting provision: para. (bb) inserted (18.12.1973) by Genocide Act 1973 (28\/1973), s. 4, commenced on enactment; section substituted as per F-note above.<\/p>\n<p>E35<br \/>\nPrevious affecting provision: para. (b) substituted (25.03.1964) by Criminal Justice Act 1964 (5\/1964), s. 9, commenced on enactment; substituted as per F-note above.<\/p>\n<p>Section 169A<br \/>\nF172[<\/p>\n<h4>Trial by court-martial of treason and certain murders and attempts.<\/h4>\n<p>169A.\u2014(1) A person subject to military law who is accused of murder which is alleged to be murder to which section 3 of the Criminal Justice Act, 1990, applies or of an attempt to commit such a murder and is to be tried by court-martial shall be charged with murder to which that section applies or, as the case may be, with an attempt to commit such a murder, and the following provisions of that Act, namely\u2014<\/p>\n<p>(a) section 4, with the substitution of &#8220;court-martial&#8221; for &#8220;court&#8221;, and<\/p>\n<p>(b) subsection (2) of section 6, with the substitution of &#8220;charged with&#8221; for &#8220;indicted for&#8221;,<\/p>\n<p>shall apply and have effect in relation to the trial.<\/p>\n<p>(2) The said section 4 shall apply and have effect, in relation to the trial of a person subject to military law who is accused of treason, with the substitution of &#8220;court-martial&#8221; for &#8220;court&#8221;.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F172<br \/>\nInserted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1, para. 4(g), commenced on enactment.<\/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[<\/p>\n<h4>Charges against men.<\/h4>\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[<\/p>\n<h4>Notice.<\/h4>\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[<\/p>\n<h4>Right to elect for trial by court-martial.<\/h4>\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[<\/p>\n<h4>Summary disposal by commanding officer.<\/h4>\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[<\/p>\n<h4>Remand for trial by court-martial.<\/h4>\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[<\/p>\n<h4>Charges against privates and seamen.<\/h4>\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<br \/>\nRevision of summary awards.<\/p>\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<!--themify_builder_content-->\n<div id=\"themify_builder_content-26986\" data-postid=\"26986\" class=\"themify_builder_content themify_builder_content-26986 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Military Law Members of the Defence Forces are subject to military law.\u00a0 This applies equally to officers and non-commissioned officers and soldiers.\u00a0 They are also subject to the laws of the State. The purpose of military law is to maintain discipline and good order in the Defence Forces.\u00a0 Good order, discipline and obedience to commands [&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\/26986"}],"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=26986"}],"version-history":[{"count":10,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/26986\/revisions"}],"predecessor-version":[{"id":30661,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/26986\/revisions\/30661"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=26986"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=26986"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=26986"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}