Defence (Amendment) Act 2007

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Number 24 of 2007

DEFENCE (AMENDMENT) ACT 2007

ARRANGEMENT OF SECTIONS

PART 1

Preliminary

Section

1. Short title, commencement, collective citation and construction.

2. Definition.

3. Saving and transitional provisions.

PART 2

Amendments and Repeals

Chapter 1

Miscellaneous Amendments to Principal Act

4. Principal Act: repeals and amendments.

5. References to judge advocate in certain Acts and instruments.

6. Amendment of section 2 of Principal Act (interpretation generally).

7. Amendment of section 26 of Principal Act (general regulations in relation to Defence Forces).

8. Amendment of section 61 of Principal Act (transfer of men of Permanent Defence Force enlisted under section 53 from one service corps to another).

9. Amendment of section 114 of Principal Act (redress of wrongs).

Chapter 2

Miscellaneous Amendments to other Acts and Instruments

10. References to ignominy in certain Act and instruments.

11. Miscellaneous amendments to other Acts.

PART 3

Amendments to Part V of Principal Act

Chapter 1

Liability to Military Law

12. Amendment of section 120 of Principal Act (liability to military law in respect of status).

13. Amendment of section 121 of Principal Act (modification of Part V in its application to civilians subject to military law).

14. Amendment of section 123 of Principal Act (time limit for trial of offences).

Chapter 2

Offences against Military Law

15. Amendment of section 135 of Principal Act (desertion).

16. Amendment of section 142 of Principal Act (drunkenness).

17. Amendment of section 150 of Principal Act (unauthorised carriage on ships or aircraft).

18. Amendment of section 161 of Principal Act (offences in relation to courts-martial, etc.).

19. Amendment of section 162 of Principal Act (false evidence).

Chapter 3

Investigation and Summary Disposal of Charges, Appeals to Summary Court-martial and Remands for Court-martial

20. Insertion of new section: scheduled offences.

21. Amendments to Principal Act consequential on section 20.

22. Amendment of section 177 of Principal Act (charges against officers).

23. Insertion of new sections: notice, right to elect, summary disposal and remand.

24. Amendment of section 178 of Principal Act (disposition of charges against men by commanding officers).

25. Insertion of new sections: notice, right to elect, summary disposal and remand.

26. Insertion of new sections: appeal to summary court-martial, etc.

27. Amendment of section 179 of Principal Act (disposition of charges against privates and seamen by subordinate officers).

28. Insertion of new sections: notice, right to elect and summary disposal.

29. Insertion of new sections: appeal to commanding officer, etc.

30. Insertion of new section: suspension of operation of certain punishments pending appeal.

31. Amendment of section 184 of Principal Act (regulations in relation to investigation and summary disposition of charges).

Chapter 4

Courts-martial

32. Insertion of new Chapter: Court-Martial Administrator.

33. Insertion of new Chapter: Director of Military Prosecutions.

34. Insertion of new Chapter: Military Judge.

35. Amendment of section 185 of Principal Act (acquittal or conviction to bar subsequent trial by court-martial).

36. Amendment of section 186 of Principal Act (classes of courts-martial).

37. Amendment of section 187 of Principal Act (convening of courts-martial).

38. Insertion of new section: summary court-martial.

39. Amendment of section 189 of Principal Act (constitution of general courts-martial).

40. Amendment of section 190 of Principal Act (constitution of limited courts-martial).

41. Amendment of section 191 of Principal Act (disqualifications for membership of courts-martial).

42. Amendment of section 192 of Principal Act (jurisdiction of courts-martial).

43. Amendment of section 193 of Principal Act (dissolution of courts-martial).

44. Amendment of section 194 of Principal Act (admission to courts-martial).

45. Amendment of section 195 of Principal Act (divers matters of procedure).

46. Amendment of section 197 of Principal Act (challenges by accused).

47. Insertion of new section: rulings and directions.

48. Amendment of section 198 of Principal Act (voting at courts-martial).

49. Amendment of section 199 of Principal Act (swearing of court).

50. Amendment of section 202 of Principal Act (mental disorder at time of trial).

51. Amendment of section 203 of Principal Act (mental disorder at time of commission of offence).

52. Insertion of new sections: appeals to Courts-Martial Appeal Court.

53. Insertion of new section: effect of certain offences on persons in respect of whom committed.

54. Amendment of section 206 of Principal Act (effective dates of sentences by courts-martial).

55. Amendment of section 207 of Principal Act (summoning and privilege of witnesses at courts-martial).

56. Amendment of section 208 of Principal Act (contempt of court-martial).

Chapter 5

Punishments awardable by Courts-martial for Offences against Military Law

57. Amendment of section 209 of Principal Act (punishments which may be awarded to officers by courts-martial).

58. Amendment of section 210 of Principal Act (punishments which may be awarded to men by courts-martial).

59. Amendment of section 211 of Principal Act (one sentence to be awarded in respect of all offences).

60. Insertion of new section: restriction on sentence of imprisonment or detention on person who is not represented.

61. Insertion of new section: suspension of custodial sentences.

62. Insertion of new section: review of certain sentences.

63. Amendment of section 213 of Principal Act (order by court-martial for payment of compensation).

64. Insertion of new section: payment of fine.

Chapter 6

Action on Findings and Sentences of Courts-martial

65. Amendment of section 225 of Principal Act (restitution of stolen property).

66. Amendment of section 226 of Principal Act (right to copy of proceedings of court-martial).

Chapter 7

Execution of Sentences

67. Amendment of section 229 of Principal Act (execution of sentence of imprisonment or detention).

68. Amendment of section 231 of Principal Act (duty of governor of prison to receive prisoners).

69. Amendment of section 233 of Principal Act (regulation of military prisons and detention barracks).

Chapter 8

Rules of Procedure and Court-martial Rules

70. Amendment of section 240 of Principal Act (rules of procedure).

71. Insertion of new sections: Courts-Martial Rules Committee, etc.

SCHEDULE 1

Saving and Transitional Provisions

SCHEDULE 2

Amendments to Principal Act

SCHEDULE 3

References to Ignominy in certain Act and Instruments

SCHEDULE 4

Miscellaneous Amendments to other Acts

SCHEDULE 5

Scheduled Offences

SCHEDULE 6

Amendments Consequential on Section 20

SCHEDULE 7

Court-Martial Rules

Acts Referred to

Number 24 of 2007

DEFENCE (AMENDMENT) ACT 2007

AN ACT TO PROVIDE FOR THE SUMMARY DISPOSAL OF CHARGES OF OFFENCES AGAINST MILITARY LAW; TO PROVIDE FOR THE ESTABLISHMENT AND JURISDICTION OF THE SUMMARY COURT-MARTIAL; TO PROVIDE FOR THE APPOINTMENT OF THE COURT-MARTIAL ADMINISTRATOR, THE DIRECTOR OF MILITARY PROSECUTIONS AND A MILITARY JUDGE; TO PROVIDE FOR THE CONSTITUTION OF COURTS-MARTIAL AND MEMBERSHIP OF A COURT-MARTIAL BOARD; TO PROVIDE FOR MATTERS OF PROCEDURE BEFORE COURTS-MARTIAL, THE AWARD AND EXECUTION OF PUNISHMENTS BY COURTS-MARTIAL AND THE SUSPENSION OF SENTENCES; TO PROVIDE FOR THE ESTABLISHMENT OF THE COURTS-MARTIAL RULES COMMITTEE AND THE MAKING OF COURT-MARTIAL RULES; AND FOR THOSE AND OTHER PURPOSES TO AMEND AND EXTEND THE DEFENCE ACTS 1954 TO 2006, TO MAKE CONSEQUENTIAL AMENDMENTS TO OTHER ENACTMENTS AND TO PROVIDE FOR RELATED MATTERS.

[21st April, 2007]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: