Defence Act , 1954

(a) in the case of a compensation order made by a summary court-martial,€10,000,

(b) in the case of a compensation order made by the military judge presiding at a limited court-martial,€20,000,

(c) in the case of a compensation order made by the military judge presiding at a general court-martial,€100,000.

(4) Where the commission of the offence by the convicted person involved the taking of property out of the possession of the injured party and the property has been recovered, any loss occurring to the injured party by reason of the property being damaged while out of his possession shall be treated for the purposes of subsection (1) of this section as having resulted from the offence, irrespective of how the damage was caused or who caused it.

(5) In determining whether to make an order under this section against a person, and in determining the amount of the compensation, the military judge shall have regard to the person’s means so far as they appear or are known to the military judge and for that purpose the military judge may require the convicted person to give evidence as to his means and financial commitments.

(6) An order under this section may provide for payment of the compensation by such instalments and at such times as the military judge considers reasonable in all the circumstances.

(7) Where the military judge considers that—

(a) it would be appropriate both to award a fine under section 209 or 210, as the case may be, and to make an order under this section, but

(b) the convicted person has insufficient means to pay both an appropriate fine and appropriate compensation,

the military judge may, if he is satisfied that the means are sufficient to justify doing so, make an order under this section and if he is satisfied that it is appropriate to do so having regard to the means that would remain after compliance with the order, award a fine.

(8) This section is without prejudice to any other enactment which provides for the payment of compensation by a person convicted of an offence or otherwise proved to have committed an offence.

(9) For the purposes of this section—

(a) in a case where death has resulted from an offence specified in subsection (1) of this section—

"loss" means any matter (including mental distress resulting from the death and funeral expenses) for which damages could be awarded in respect of the death by virtue of Part V of theCivil Liability Act 1961;

"injured party" includes a dependant (within the meaning of the said Part V) of the deceased person concerned,

(b) in a case where service property is the subject of an order under this section, "injured party" includes the Minister.

(10) An order under this section shall, for the purposes of this Act and theCourts-Martial Appeals Act 1983, be deemed to be a sentence of a court-martial.]

213A. F346[Payment of fine.

213A.—(1) Where a person subject to military law is convicted by a court-martial and is sentenced to a fine, the fine shall be a stated amount.

(2) The terms of payment of a fine referred to in subsection (1) of this section are, subject to the provisions of this Act, at the discretion of the military judge who awards the fine.]

214. Restoration of seniority lost and service forfeited by sentence of a court-martial.

214.—The Minister may restore the whole or any part of any seniority of rank or service forfeited by sentence of a court-martial in the case of an officer or man who may perform good and faithful service or who may otherwise be deemed by the Minister to merit such restoration.

Chapter VII.

215. Findings and sentences not to be valid unless confirmed.

215.—F347[…]

216. Confirming authorities.

216.—F348[…]

217. Reference of finding and sentence by confirming authority to superior confirming authority.

217.—F349[…]

218. Revision by courts-martial of findings and sentences.

218.—F350[…]

219. Powers of confirming authority as to confirmation.

219.—F351[…]

220. Additional powers of confirming authority in relation to sentences passed by courts-martial.

220.—F352[…]

221. Mitigation, remission, etc., of sentences (other than death sentences) after confirmation.

221.—F353[…]

222. Date of commencement of sentences of penal servitude, imprisonment or detention imposed by way of substitution.

222.—F354[…]

223. Suspension of sentences of penal servitude, imprisonment or detention passed on men.

223.—F355[…]

224. Quashing of finding of court-martial.

224.—F356[…]

225. F357[Orders for restitution.

225.—(1) Where a person is convicted by a court-martial of an offence under section 155 or 156, the military judge may on the conviction (whether or not the passing of sentence is in other respects deferred)—

(a) order anyone having possession or control of the property which is the subject of the offence to restore it to any person entitled to recover it from the convicted person,

(b) on the application of a person entitled to recover from the convicted person any other property directly or indirectly representing the property referred to in paragraph (a) of this subsection (as being the proceeds of any disposal or realisation of the whole or part of it or of property so representing it), order that other property to be delivered or transferred to the applicant, or

(c) order that a sum not exceeding the value of the property referred to in paragraph (a) of this subsection shall be paid, out of any money of the convicted person which was taken out of his possession when arrested, to any person who, if the property were in the possession of the convicted person, would be entitled to recover that property from him.

(2) Where the military judge has power on a person’s conviction to make an order against the person under both paragraphs (b) and (c) of subsection (1) of this section, the military judge may make orders under both paragraphs, if the person in whose favour the orders are made does not thereby recover more than the value of the property which is the subject of the offence concerned.

(3) Where—

(a) an order is made under subsection (1)(a) of this section for the restoration of any property, and

(b) it appears to the military judge that the convicted person has sold the property to a person acting in good faith or has borrowed money on the security of it from a person so acting,

then, on the application of the purchaser or lender, the military judge may order that there shall be paid to the applicant, out of any money of the convicted person which was taken out of his possession when arrested, a sum not exceeding the amount paid for the purchase by the applicant or, as the case may be, the amount owed to the applicant in respect of the loan.

(4) (a) The military judge shall not exercise the powers conferred by this section unless in his opinion the relevant facts sufficiently appear from evidence given at the trial or the available documents, together with admissions made by or on behalf of any person in connection with any proposed exercise of the powers.

(b) In paragraph (a) of this subsection "available documents" means—

(i) any written statements or admissions which were made for use, and would have been admissible in evidence, at the trial, and

(ii) any written statements or admissions used as evidence at the trial or in any such proceedings.

(5) This section shall have effect only in relation to offences wholly or partly committed on or after the commencement of this section.

(6) This section is without prejudice to the Police (Property) Act 1897 (disposal of property in the possession of the Garda Síochána).]

226. F358[Proceedings of court-martial.

226.—(1) The proceedings of a court-martial shall be preserved in the prescribed manner.

(2) For the purposes of this section, the proceedings of a court-martial include exhibits.]

Chapter VIII.

227. Sentence of death.

227.—F359[…]

228. Execution of sentence of penal servitude.

228.—F360[…]

229. Execution of sentence of imprisonment or detention.

229.—F361[(1)F362[Subject to section 212A, where a sentence of imprisonment is passed by a court-martial,]the military prisoner shall undergo sentence as follows:

(a)if the sentence is for a term exceeding two years, he or she shall, as soon as practicable, be committed to a public prison to undergo sentence;

(b)if the sentence is for a term not exceeding two years, he or she shall undergo sentence either in a military prison or detention barrack or in other service custody or in a public prison, or partly in one way and partly in another.]

(2)F363[Subject to section 212A, where a sentence of detention is passed by a court-martial,] the person on whom the sentence has been passed shall undergo the term of his detention either in a detention barrack or in service custody, or partly in one way and partly in another, but not in a public prison.

(3)F364[Subject to section 212A, a military prisoner] or a man under sentence of detention may, until he reaches the prison or detention barrack in which he is to undergo his sentence, be kept in service custody or in civil custody or partly in service custody and partly in civil custody, and may by order of a competent authority be transferred from service custody to civil custody and from civil custody to service custody as occasion may require.

(4)An order of a competent authority shall be a sufficient warrant for the committal of a military prisoner to prison or a detention barrack, or a man under sentence of detention to a detention barrack.

(5)An order of a competent authority shall be a sufficient authority for the transfer of a military prisoner from prison to a detention barrack, or from a detention barrack to prison, or from one prison or detention barrack to another prison or detention barrack, or for the transfer of a man undergoing detention from one detention barrack to another, or for the delivery into service custody of a military prisoner or a man undergoing detention.

(6)A military prisoner or a man undergoing detention may at any time, if his sentence is remitted, be released by order of a competent authority.

(7)A military prisoner or a man undergoing detention may, during his conveyance from place to place, be subjected to such restraint as is necessary for his safe conduct and removal.

(8)A military prisoner while in a public prison shall be confined F365[…] and otherwise dealt with in the same manner as an ordinary prisoner under a like sentence of imprisonment.

(9)Where the hospital or place for reception of sick persons in a prison or a detention barrack is detached from the prison or detention barrack, a military prisoner or a man undergoing detention may be detained in that hospital or place, and conveyed to or from the same as circumstances require.

(10)For the purposes of this section—

(a)the expression “detention barrack” includes a barrack detention room;

(b)each of the following shall be a competent authority, namely, the Minister and every prescribed officer, and different officers may be so prescribed for different such purposes.

230. Suspension of currency of sentence where a person escapes or is released without proper authority.

230.—Notwithstanding anything contained in this Act, where a person sentenced to F366[…] imprisonment or detention escapes or is released without proper authority whilst serving such sentence, the currency of such sentence shall be deemed to be suspended from the date on which he escaped or was released without proper authority until he surrenders or is again apprehended, and on such surrender or apprehension he may be recommitted by the prescribed authority to serve the unexpired term of his sentence.

231. Duty of governor of prison to receive prisoners.

231.—(1)The governor of every prison shall receive and confine, until discharged or delivered over in due course of law, all F367[military prisoners] sent to such prison in pursuance of this Act.

F368[(2) The governor of every prison shall also receive into his custody any person subject to military law in service custody upon delivery to the governor of a written order, purporting to be signed by the commanding officer of that person, for any period not exceeding 8 days (which shall not include the day on which the order is made), or any further such order or orders so made for any further such period or periods.]

232. Establishment of military prisons and detention barracks.

232.—(1)It shall be lawful for the Minister to set apart any building or part of a building under the control of the Minister as a military prison or detention barrack and to declare that any such building or part of a building shall be a military prison or a detention barrack, as the case may be.

(2)The powers of the Minister under this section may, during a period of emergency, be exercised by a prescribed officer.

233. Regulation of military prisons and detention barracks.

233.—(1)The Minister may make rules (in this Act referred to as rules for military prisons and detention barracks) for all or any of the following purposes, that is to say:—

(a)the government, management and regulation of military prisons and detention barracks;

(b)the appointment and removal and power of inspectors, visitors, governors and officers thereof;

(c)the labour of military prisoners and men undergoing detention therein;

(d)enabling such prisoners or men to earn, by special industry and good conduct, a remission of portion of their sentence;

(e)the classification of military prisoners and men undergoing detention;

(f)the safe custody of such prisoners or men, and the maintenance of discipline among them, and the punishment by personal correction, restraint or otherwise of offences committed by such prisoners or men;

(g)the temporary release, in such cases, for such periods and subject to such conditions as may be prescribed by the rules, of such prisoners or men.

(2)Rules under this section shall not authorise corporal punishment to be inflicted for any offence nor render the imprisonment or detention more severe than it is, under the law in force for the time being, in any public prison.

F369[(2A) Any power conferred by rules under this section to release a person temporarily shall not, in the case of a person serving a sentence passed on him on conviction of treason or of murder, or attempted murder, to whichsection 3of theCriminal Justice Act 1990applies, be exercisable before the expiration of the minimum period specified by the court-martial under section 4 of that Act, as applied by section 169A of this Act, less any reduction of that period by the amount of remission earned by the person according to the rules of practice whereby prisoners generally earn remission of sentence by industry and good conduct, unless for grave reasons of a humanitarian nature, and any such release shall only be of such limited duration as is justified by those reasons.]

(3)Where any person has been temporarily released from a military prison or detention barrack in accordance with rules made under this section the currency of any sentence which he may be serving shall be suspended for the period commencing on the day after the day on which he was released and ending on the day on which he returns to the prison or detention barrack or is otherwise taken into custody under subsection (4) of this section.

(4)If any person who has been temporarily released from a military prison or detention barrack in accordance with rules made under this section fails to comply with any of the conditions subject to which he was released or to return at the expiration of the period for which he was released—

(a)he may be arrested without warrant by any member of the Garda Síochána or taken into service custody, and may be kept in custody, whether civil or service, until he is taken back to the military prison or detention barrack,

(b)unless proceedings are taken against him under section 135 or 137, he shall be liable to such punishment as may be prescribed by the rules.

(5)Rules under this section shall provide for applying, with such modifications and adaptations as the Minister thinks proper, in respect of military prisons and detention barracks, the provisions relating to the duties of medical officers contained in section 74 of the Prisons (Ireland) Act, 1826, and sections 52 and 53 of the General Prisons (Ireland) Act, 1877, and the provisions relating to the duties of gaolers contained in section 54 of the said General Prisons (Ireland) Act, 1877.

(6)Every rule made under this section shall be laid before each House of the Oireachtas as soon as may be after such rule is made and, if a resolution annulling such rule is passed by either House of the Oireachtas within the next subsequent twenty-one days on which that House has sat after such rule is so laid before it, such rule shall be annulled accordingly, but without prejudice to the validity of anything previously done under such rule.

234. Assisting prisoners in military prisons and detention barracks to escape.

234.—Every person who aids any prisoner in escaping or attempting to escape from any military prison or detention barrack, or who, with intent to facilitate the escape of any such prisoner, conveys or causes to be conveyed into any military prison or detention barrack any mask, dress or other disguise or any letter or other article or thing of whatsoever kind shall be guilty of F370[an offence] and on conviction thereof shall be liable to imprisonment, F371[…] for any term not exceeding two years.

235. Penalty for carrying spirituous liquor, drugs or tobacco into military prisons or detention barracks.

235.—Every person who, contrary to the rules for military prisons and detention barracks, brings or attempts by any means whatever to introduce into any military prison or detention barrack any spirituous or fermented liquor or drug or tobacco and every person employed on the staff of any such prison or barrack who suffers any spirituous or fermented liquor or drug or tobacco to be sold or used therein contrary to such rules shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F372[500] pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and imprisonment.

236. Penalty for carrying letters, etc., into or out of military prisons or detention barracks.

236.—Every person who, contrary to the rules for military prisons and detention barracks, conveys or attempts to convey any letter or other document, or any article whatever not allowed by such rules, into or out of such prison or barrack shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F373[100] pounds.

237. Unsoundness of mind of person imprisoned or undergoing detention.

237.—If a person imprisoned or undergoing detention by virtue of this Act becomes of unsound mind, then, without prejudice to any other enactment, a Minister of State may, upon a certificate signed by two registered medical practitioners certifying that such person is of unsound mind, order the removal of such person to a mental hospital, there to remain for the unexpired term of his sentence of imprisonment or detention but, upon such person being certified by two registered medical practitioners to be again of sound mind, may order his removal to any prison or detention barrack in which he might have been confined if he had not become of unsound mind, there to undergo the remainder of his sentence.

238. Inquests on persons under sentence dying in military prisons or detention barracks.

238.—Whenever a person under sentence dies in a military prison or detention barrack, the following provisions shall have effect, that is to say:—

(a)the coroner having jurisdiction in the place where such prison or barrack is shall hold an inquest on the body of such person;

(b)where it is practicable, one clear day shall intervene between the day of the death and the date of such inquest;

(c)such inquest shall be held on the body with a jury;

(d)notwithstanding section 5 of the Coroners (Amendment) Act, 1927 (No. 1 of 1927), none of the following persons shall be a member of such jury, that is to say:—

(i)members of the staff of such prison or barrack,

(ii)persons undergoing sentence in such prison or barrack,

(iii)persons engaged in any trade or dealing with such prison or barrack.

239. Provisions as to warrants and orders of military authorities under Chapter VIII of Part V.

239.—(1)Where any F374[…] military prisoner or man undergoing detention is for the time being in custody, whether service custody or civil custody, in any place or manner in which he might legally be kept in pursuance of this Act, the custody of such F374[…] prisoner or man shall not be deemed to be illegal by reason only of any informality or error in or as respects the order, warrant or other document, or the authority by or in pursuance whereof such F374[…] prisoner or man was brought into or is detained in such custody, and any such order, warrant or document may be amended accordingly.

(2)Where F374[…] a military prisoner or a man undergoing detention or a person who is subject to military law and charged with an offence is a prisoner or man in service custody and for the purpose of conveyance by sea F375[or air] is delivered on board a ship to the person in command of the ship F376[or aircraft] or to any other person on board the ship acting under the authority of the commander, the order of the military authority which authorises the prisoner or man to be conveyed by sea F375[or air] shall be a sufficient authority to such person, and to the person for the time being in command of the ship F376[or aircraft], to keep the said prisoner or man in custody and convey him in accordance with the order, and the prisoner or man while so kept shall be deemed to be kept in service custody.

Chapter IX.

240. Rules of procedure.

240.—F377[(1) The Minister may make rules (in this Act referred to as "rules of procedure") in relation to all or any of the following matters:

(a) the assembly and procedure of courts of inquiry and boards;

(b) the form of oath to be taken by the military judge before entering upon his duties under this Act;

(c) in the case of a person remanded for trial by court-martial, the procedures (other than procedures of a court-martial which are the subject of court-martial rules) to be followed in bringing the person to trial, including the taking of a written summary of evidence in the case;

(d) the functions of the Court-Martial Administrator relating to the management and control generally of the administration and business of courts-martial;

(e) the procedure for convening courts-martial;

(f) the procedure for the dissolution by the Court-Martial Administrator of a general court-martial or limited court-martial;

(g) the procedure for referring matters to the summary court-martial;

(h) the procedure for selecting members of a court-martial board;

(i) the procedure in relation to representation for the purposes of section 211A;

(j) the promulgation of the findings and sentence of a court-martial;

(k) the carrying into effect of sentences of courts-martial;

(l) the carrying into effect of decisions made and punishments awarded by the summary court-martial under section 178G;

(m) the form of notice and the giving of such notice under section 212A(12);

(n) the retention and preservation of records of proceedings of a court-martial;

(o) the supply of copies of such records, including provision in respect of any fee payable for the supply of copies;

(p) the officers who are to be prescribed officers for the purposes of section 121;

(q) the functions of the Chief Military Judge (if any);

(r) the judicial functions, other than those with respect to courts-martial, which may be performed by a military judge;

(s) any other matter or thing referred to in this Part (other than Chapters IV and X and any matter or thing referred to in this Part as prescribed by court-martial rules) as prescribed;

(t) any other matter which the Minister considers necessary or expedient for the proper administration of this Part (other than Chapters IV and X and any matter referred to in this Part as the subject of court-martial rules).]

F378[(1A) Without prejudice to the generality of subsection (1), rules of procedure made under this section may, in relation to the functions of a military judge provided for in those rules, including the judicial functions referred to in subsection (1)(r), include provisions required for the performance of the functions of a military judge by a Circuit Judge who, pursuant to section 184LA, is temporarily designated to perform such functions under section 11A of the Act of 1947.]

(2)Rules of procedure shall not contain anything contrary to or inconsistent with this Part.

(3)Rules of procedure shall be judicially noticed.

(4)Rules of procedure may provide for a written summary of evidence being taken on oath and may empower a commanding officer or any other officer before whom he directs such summary to be taken to administer oaths for that purpose.

(5)Rules of procedure in relation to courts of inquiry may provide for evidence being taken on oath and may empower courts of inquiry to administer oaths for that purpose.

(6)Every rule made under this section shall be laid before each House of the Oireachtas as soon as may be after such rule is made and, if a resolution annulling such rule is passed by either House of the Oireachtas within the next subsequent twenty-one days on which that House has sat after such rule is so laid before it, such rule shall be annulled accordingly, but without prejudice to the validity of anything previously done under such rule.

240A. F379[Courts-Martial Rules Committee.

240A.—(1) There is hereby established a committee to be known as Coiste Rialacha na nArmchúirteanna or in the English language as the Courts-Martial Rules Committee (in this Chapter referred to as the "Committee").

(2) The functions of the Committee shall be, with the concurrence of the Minister, to make rules of court (in this Act referred to as "court-martial rules") in accordance with section 240B.

(3) The Committee shall consist of two ex-officio members and six nominated members.

(4) The ex-officio members of the Committee shall be—

(a) the Judge Advocate-General, and

(b) the military judge or, where there is more than one, the Chief Military Judge, who shall be the deputy chairperson of the Committee.

(5) The nominated members of the Committee shall be—

(a) a judge of the Circuit Court nominated by the President of the Circuit Court, who shall be the chairperson of the Committee,

(b) a practising barrister nominated by the General Council of the Bar of Ireland,

(c) a practising solicitor nominated by the Law Society of Ireland,

(d) an officer of the Attorney General, nominated by the Attorney General,

(e) an officer of the Department of Defence, not below the rank of principal officer, nominated by the Minister, and

(f) an officer of the Permanent Defence Force, not below the rank of commandant, nominated by the Chief of Staff, who shall act as secretary to the Committee.

(6) Every nominated member of the Committee shall, unless that member sooner dies, resigns or ceases to be, as the case may be, a judge of the Circuit Court, a practising barrister, a practising solicitor or an officer referred to in subsection (5)(d) to (f) of this section, hold office as such member for five years from the date of nomination.

(7) A nominated member of the Committee whose membership expires with the passage of time shall be eligible for renomination.

(8) Subject to subsection (9) of this section, the Committee may act notwithstanding one or more vacancies in its membership.

(9) The quorum for a meeting of the Committee shall be four.

(10) The chairperson of the Committee shall preside at all meetings of the Committee at which he is present and in the absence of the chairperson the deputy chairperson shall preside at the meeting.

(11) Subject to subsection (12) of this section, the Committee shall hold such and so many meetings as may be necessary for the performance of its functions but in any case shall meet not less frequently than once in each year.

(12) The first meeting of the Committee shall be held within one month after the commencement of this section.

(13) Subject to this Act, the Committee shall regulate the practice and procedure of the Committee.]

240B. F380[Court-martial rules.

240B.—(1) The Committee may, with the concurrence of the Minister, make court-martial rules for the purpose of regulating the pleading, practice and procedure generally in all proceedings before courts-martial under this Part of this Act, including rules in relation to all or any of the matters set out in the Twelfth Schedule to this Act.

F381[(1A) Without prejudice to the generality of subsection (1), court-martial rules made under this section may, in relation to the functions of a military judge provided for in those rules, include provisions required for the performance of the functions of a military judge by a Circuit Judge who, pursuant to section 184LA, is temporarily designated to perform such functions under section 11A of the Act of 1947.]

(2) Court-martial rules shall be deemed to be a statutory instrument to which theStatutory Instruments Act 1947primarily applies.]

Chapter X.

241. Penalty for member of Reserve Defence Force joining armed forces of another State.

241.—If, within or without the State, any member of the Reserve Defence Force, while not subject to military law, accepts a commission in, or enters into any engagements to serve in, the armed forces of another State, he shall be guilty of a misdemeanour and shall be liable on conviction thereof to imprisonment for a term not exceeding two years.

242. Punishment of certain offences by reservists.

242.—(1)Where a reservist—

(a)when required by Reserve Defence Force regulations to attend at a particular time and place, fails, without reasonable excuse, to attend at such time and place, or

(b)uses threatening or insulting language or behaves in an insubordinate manner to any officer or non-commissioned officer who, in pursuance of Reserve Defence Force regulations, is acting in the execution of his office and would, if such reservist were subject to military law, be his superior officer, or

(c)in reply to any notice served on him under this Act or Reserve Defence Force regulations sends any communication of an insubordinate kind, or

(d)by any fraudulent means obtains or is accessory to obtaining any pay or other sum contrary to regulations made under section 97, or

(e)fails without reasonable cause to comply with Reserve Defence Force regulations,

such reservist shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F382[€2,000].

(2)Where a reservist commits an offence under this section he may be taken into service custody.

(3)Where a reservist commits in the presence of any officer an offence under this section, such officer may, if he thinks fit, order such reservist, in lieu of being taken into service custody, to be taken into custody by any member of the Garda Síochána.

(4)Where a reservist is required in pursuance of Reserve Defence Force regulations to attend at any place, a certificate purporting to be signed by an officer or person who is mentioned in such certificate as appointed to be present at such place for the purpose of inspecting reservists or for any other purpose connected with the Reserve Defence Force and stating that such reservist failed to attend in accordance with the said requirement, shall, without proof of the signature or appointment of such officer or person, be evidence in any proceedings under this section of such failure.

(5)In this section, the expression “Reserve Defence Force regulations” means regulations made under section 92 or 94.

243. Non-attendance of reservist called out for training or on permanent service, etc.

243.—(1)When a reservist is called out for training or on permanent service or in aid of the civil power, and such reservist, without leave lawfully granted or such sickness or other reasonable excuse as may be allowed in the prescribed manner, fails to appear at any time and place at which he is required upon such calling out to attend, the following provisions shall have effect, that is to say:—

(a)if he is called out on permanent service or in aid of the civil power, such reservist shall be guilty, according to the circumstances, of desertion or absence without leave;

(b)if he is called out for training, such reservist shall be guilty of absence without leave.

(2)Where a reservist commits, by virtue of this section, the offence of desertion or absence without leave, such reservist shall be liable either—

(a)to be tried by court-martial and convicted and punished accordingly, or

(b)to be tried summarily by the District Court and on conviction by such court to be sentenced to a fine not exceeding F383[€2,000].

(3)Any offence committed by a reservist which under this section is punishable on conviction by court-martial shall for all purposes of and incidental to the arrest, trial and punishment of the offender, including the summary dealing with his case by his commanding officer, be deemed to be an offence against military law.

(4)A person charged with an offence which under this section is cognisable both by a court-martial and by the District Court shall not be liable to be tried both by a court-martial and the District Court, but may be tried by either of them as may be directed by the prescribed military authority.

(5)The following provisions shall have effect in relation to proceedings against an offender before a court-martial or his commanding officer or the District Court in respect of an offence punishable under this section, that is to say:—

(a)such proceedings may be instituted whether the term of his service in the Reserve Defence Force has or has not expired;

(b)such proceedings may, notwithstanding anything contained in this or any other Act, be instituted within two months after whichever of the following times is the later, that is to say:—

(i)the time at which the offence becomes known to the prescribed military authority, or

(ii)the time at which the offender is arrested.

244. Record and evidence of absence of reservists called out.

244.—Where—

(a)a reservist, who is called out for training or on permanent service or in aid of the civil power, fails to appear at the time and place at which he is required upon such calling out to attend, and

(b)his absence continues for not less than fourteen days,

an entry of such absence shall be made by the prescribed officer in the prescribed manner in the prescribed service books, and such entry F384[shall be evidence, until the contrary is shown,] of the fact of such absence.

245. Wrongful sale, etc., of equipment by a member of the Reserve Defence Force.

245.—If any person (being a member or former member of the Reserve Defence Force)—

(a)designedly makes away with, or sells, pawns or wrongfully destroys or damages, or negligently loses, any article issued to him as a member of the Reserve Defence Force, or

(b)refuses, on demand made by the Minister or any person acting on behalf of the Minister, to deliver up any such article,

then,—

(i)he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F385[€2,000],

(ii)the Court by which he is tried may, whether it convicts him of the offence or not, order him to pay to the Minister the value of the article.

246. Regulations for purposes of Chapter X of Part V.

246.—The Minister may make regulations in relation to any person, matter or thing referred to in this Chapter as prescribed.

Chapter XI.

247. Evidence on subjection to military law of officers of the Reserve Defence Force.

247.—A certificate under the hand of a person authorised by the Minister to make certificates under this section certifying the matters mentioned in any one of the following paragraphs, that is to say:—

(a)that a person named in such certificate was during a specified period an officer of the Reserve Defence Force and was at a specified time ordered on service or duty for which as an officer belonging to the Reserve Defence Force he was liable,

(b)that a person named in such certificate was during a specified period an officer of the Reserve Defence Force and was during a specified period employed on service or duty for which as an officer of the Reserve Defence Force he was liable,

(c)that a person named in such certificate was during a specified period an officer of the Reserve Defence Force and was during a specified period attached to a body of troops for the time being subject to military law,

(d)that a person named in such certificate was during a specified period an officer of the Reserve Defence Force and was during a specified period doing duty with a body of troops for the time being subject to military law,

(e)that a person named in such certificate was during a specified period an officer of the Reserve Defence Force and was at a specified time ordered on duty by the military authorities,

(f)that a person named in such certificate was during a specified period an officer of the Reserve Defence Force and was during a specified period voluntarily attending training,

(g)that a person named in such certificate was during a specified period an officer of the Reserve Defence Force and was during a specified period undergoing treatment in a military hospital,

shall in proceedings under this Act, whether before a civil court or a court-martial, be prima facie evidence of the matters so certified and it shall not be necessary to prove the signature of the person purporting to make such certificate or that he was so authorised.

248. Evidence of certain documents and matters.

248.—The following provisions shall have effect with respect to evidence in proceedings under this Act before a court-martial or a civil court F386[or, where relevant, in proceedings under Chapter IV of this Part]—

(a)a copy of the Iris Oifigiúil purporting to contain a notice under section 52 shall be evidence of the matter contained in the notice;

(b)any attestation paper purporting to be signed by any person upon his being attested as a man in any portion of the Defence Forces shall be evidence of the fact that such person gave, in answer to the questions set forth in such attestation paper, the answers he is therein represented as having given;

(c)the enlistment of a person in the Permanent Defence Force or the Reserve Defence Force may be proved by the production, by a witness on oath, of a copy of such person’s attestation paper purporting to be certified to be a true copy by the officer having the custody of such original attestation paper, without proof of the signature of such officer or of his having custody of such original attestation paper;

(d)a letter, return or other document with respect to a person—

(i)having, or not having, at any specified time or times, served in or been discharged from any portion of the Defence Forces, or

(ii)having, or not having, held any rank or appointment in, or been posted, attached or transferred to, any portion of the Defence Forces, or having, or not having, served in a particular place, or

F388[(iiA)having, or not having, at any specified time or times, served outside the State as a member of the Defence Forces with an International United Nations Force or for any purpose referred to insection 3of theDefence (Amendment) Act 2006, or]

(iii)being, or not being, authorised to wear any decoration, medal, medal ribbon, badge, wound stripe, rank insignia, or emblem, the use or wearing of which by an unauthorised person is an offence under section 267,

if purporting to be signed by or on behalf of the Minister or the commanding officer of any portion of the Defence Forces to which such person appears to have belonged or alleges that he belongs or had belonged, shall be prima facie evidence of the relevant facts stated in such letter, return or other document;

(e)a Defence Force List or Defence Force Gazette F389[(whether printed or made available by electronic means or otherwise in non-legible form which is capable of being reproduced in permanent legible form)] purporting to be issued under the authority of the Minister by F390[the Chief of Staff] shall be evidence of the status and rank of any officer therein mentioned and of any appointment held by him and of the unit to which he belongs or is attached;

(f)a Naval List and Directory F389[(whether printed or made available by electronic means or otherwise in non-legible form which is capable of being reproduced in permanent legible form)] purporting to be issued under the authority of the Minister by F390[the Chief of Staff] shall be evidence of—

(i)the fact that any ship mentioned therein as a State ship is a State ship, and

(ii)the status and commissioned naval rank of any officer mentioned therein and of any appointment held by him;

(g)where a record is made in a service book in pursuance of this Act or any regulations made thereunder or otherwise in pursuance of military duty and purports to be signed by the commanding officer or by the officer whose duty it is to make such record—

(i)such record shall be evidence of the facts therein stated,

(ii)a copy of such record purporting to be certified to be a true copy by the officer having the custody of such service book shall, without proof of the signature of such officer or of his having custody of such service book, be prima facie evidence of such record;

(h)any warrant or order made under this Act by a military authority shall be deemed to be evidence of the matters therein directed to be stated by or in pursuance of this Act;

(i)a document purporting to be a copy of any instrument (being a warrant or order made under this Act by a military authority) shall, if certified by an officer authorised by the Minister in that behalf to be a true copy of such instrument, be prima facie evidence of such instrument and it shall not be necessary to prove the signature of the officer so certifying such document or that he was so authorised;

(j)where the proceedings are proceedings against an officer or man (in this paragraph referred to as the accused) on a charge of being a deserter or an absentee, and the accused has been arrested by a member of the Garda Síochána or any officer or man or has surrendered himself into the custody of an officer or any portion of the Defence Forces, a certificate purporting to have been signed by the member of the Garda Síochána, officer or man by whom the arrest was made or by the officer to whom the surrender was made or by the commanding officer of the portion of the Defence Forces to whom the surrender was made, and stating the fact, date, time and place of such arrest or surrender, and whether the accused so surrendering was dressed in uniform or not at the time of arrest or surrender shall be evidence of the matters so stated;

(k)where the proceedings are proceedings against an officer or man (in this paragraph referred to as the accused) on a charge of being a deserter or an absentee, and the accused has surrendered to any member of the Garda Síochána, a certificate purporting to be signed by such member or the person in charge of a Garda Síochána station when the accused has been delivered into service custody by such person and stating the fact, date, time and place of such surrender, and whether the accused was dressed in uniform or not at the time of surrender shall be evidence of the matters so stated;

(l)where the proceedings are proceedings against an officer or man (in this paragraph referred to as the accused) on a charge of being a deserter or an absentee, and either the accused has been arrested by a member of the Garda Síochána or an officer or man and brought to a Garda Síochána station or has surrendered to a member of the Garda Síochána at a Garda Síochána station, a certificate purporting to be signed by the member of the Garda Síochána in charge of such station at the time when the accused is delivered into service custody and stating the fact, date and place of arrest or surrender, and whether the accused was dressed in uniform or not at the time of arrest or surrender shall be evidence of the matters so stated.

249. Evidence of conviction or acquittal by a civil court.

249.—(1)Whenever any person subject to military law has been tried by any civil court, the certificate of the clerk of such court or of his deputy, or of any other officer having the custody of the records of such court, setting out the offence for which such person subject to military law was tried, together with the judgment of the court thereon or, if such person was acquitted, the acquittal, shall be evidence of the conviction and sentence, or of the order of the court, or of the acquittal of such person, as the case may be.

(2)This section shall apply to F391[a member of the Reserve Defence Force] who is tried by a civil court, whether he is or is not at the time of trial subject to military law.

250. Evidence of proceedings of court-martial.

250.—(1)The original proceedings of a court-martial purporting to be signed by the F392[military judge], and being in the custody of the prescribed officer having the lawful custody thereof, shall be deemed to be of such a public nature as to be admissible in evidence on their mere production from such custody, and any copy purporting to be certified by the prescribed officer, having such custody as aforesaid, to be a true copy of such proceedings, or of any part thereof, shall be admissible in evidence without proof of the signature of such officer.

(2)Whenever any person subject to military law has been tried by court-martial, the certificate of the prescribed officer having custody of the original proceedings of the court-martial, setting out the place and date of trial, the offence for which such person was tried, together with the finding and sentence of the court-martial F393[…] or, if such person was acquitted, the acquittal, shall be evidence of the matters so set out in such certificate.

Chapter XII.

251. Apprehension of suspected deserters and absentees.

251.—(1)Where an officer or man or a member of the Garda Síochána has reasonable grounds for suspecting that any person is a deserter or an absentee, he may without warrant arrest such person and thereupon the following provisions shall have effect, that is to say:—

(a)such person (in this subsection referred to as the arrested person) may demand that an inquiry into his arrest be made under the next following paragraph, and the person making the arrest shall inform the arrested person of his right under this paragraph;

(b)if the arrested person so demands, then—

(i)the arrested person shall be brought before a Justice of the District Court or a Peace Commissioner and may in the meantime be detained in any Garda Síochána station;

(ii)the Justice of the District Court or the Peace Commissioner before whom the arrested person is brought shall inquire into the arrest, and

(I)if satisfied that the arrested person is a deserter or an absentee, shall forthwith cause the arrested person to be delivered into service custody or, until he can be so delivered, to be committed to some prison or Garda Síochána station for such time as appears to him reasonably necessary for the taking of steps to receive the arrested person into service custody,

(II)if not so satisfied, shall order the release of the arrested person;

(iii)the Justice of the District Court or Peace Commissioner before whom the arrested person is brought may from time to time adjourn the inquiry, and, if he so does, shall order that the arrested person be detained, during any such adjournment, in a prison or a Garda Síochána station;

(c)if the arrested person does not so demand, the person making the arrest may deliver him into service custody and pending such delivery the arrested person may, on the requisition in writing of the person making the arrest, be detained in any prison or Garda Síochána station.

(2)Where a person surrenders himself to an officer or man or a member of the Garda Síochána and alleges that he is a deserter or an absentee, such officer, man or member of the Garda Síochána may deliver such person into service custody and pending such delivery such person may, on the requisition in writing of such officer, man or member of the Garda Síochána, be detained in any prison or Garda Síochána station.

PART VI. Offences in relation to the Defence Forces and Military Property.

252. Recruits punishable for false answers.

252.—If any person knowingly makes a false answer to any question, contained in an attestation paper, which has been put to him by or by the direction of the officer before whom he appears for the purpose of being attested in accordance with recruiting regulations, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F394[200] pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and imprisonment.

253. Punishment for pretending to be a deserter or an absentee.

253.—Any person who falsely represents himself to any military or civil authority to be a deserter or an absentee shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F395[200] pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and imprisonment.

254. Incitement to disaffection, etc.

254.—(1)Any person who by any means whatsoever incites or attempts to incite any person subject to military law—

(a)to mutiny, or

(b)to refuse to obey lawful orders given to him by a superior officer, or

(c)to refuse, neglect or omit to perform any of his duties, or

(d)to commit any other act in dereliction of his duty,

shall be guilty of a misdemeanour and shall be liable on conviction thereof to imprisonment for a term not exceeding two years.

(2)Any person who has, without lawful excuse, in his possession or under his control any document of such a nature that the dissemination thereof amongst members of the Defence Forces would be an offence under subsection (1) of this section, shall be guilty of a misdemeanour and shall be liable on conviction thereof to imprisonment for a term not exceeding two years.

255. Punishment for inducing, etc., members of the Defence Forces to desert.

255.—Any person who by any means whatsoever—

(a)procures or persuades or attempts to procure or persuade any person subject to military law to desert or absent himself without leave, or

(b)procures or persuades or attempts to procure or persuade any reservist to desert or absent himself without leave within the meaning of section 243, or

(c)knowing that a person subject to military law is about to desert or absent himself without leave, aids or assists him in deserting or absenting himself without leave, or

(d)knowing that a reservist is about to desert or absent himself without leave within the meaning of section 243, aids or assists him in so deserting or absenting himself without leave, or

(e)knowing any person subject to military law to be a deserter or an absentee, conceals such person or aids or assists in concealing him or aids or assists in his rescue, or

(f)knowing any reservist to be a deserter or an absentee without leave within the meaning of section 243, conceals such man or aids or assists in concealing him or aids or assists in his rescue,

shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F396[500] pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and imprisonment.

256. Penalty for unlawful recruiting or interfering with recruiting.

256.—(1)If any person without due authority, the proof of which authority shall lie on such person,—

(a)acts or purports to act as a recruiter or a person authorised to enlist recruits, or

(b)publishes or causes to be published notices or advertisements for the purpose of procuring recruits for the Defence Forces, or in relation to recruits for the Defence Forces, or

(c)receives any person under any such advertisement,

he shall be guilty of an offence under this subsection.

(2)If any person—

(a)wilfully utters, prints or publishes anything calculated to obstruct or interfere with recruitment for the Defence Forces, or

(b)directly or indirectly interferes with the recruiting service of the Defence Forces,

he shall be guilty of an offence under this subsection.

(3)Every person guilty of an offence under subsection (1) or (2) of this section shall be liable on summary conviction thereof to a fine not exceeding F397[200] pounds.

257. Penalty for interference with military duties, etc.

257.—Any person—

(a)who wilfully obstructs, impedes or otherwise interferes with any officer or man in the execution of his duties, or

(b)who wilfully induces any disease or infirmity in, or maims or injures, any person whom he knows to be a man with a view to enabling such a man to avoid military service, or

(c)who, with the intent of enabling a man to render himself, or induce the belief that he is, permanently or temporarily, unfit for service, supplies to or for such man any drug, preparation or appliance calculated to or likely to render him or lead to the belief that he is permanently or temporarily unfit for service,

shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F398[1,000] pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and imprisonment.

258. Penalty for personation.

258.—(1)Any person who—

(a)falsely and deceitfully personates any person with intent fraudulently to obtain any military pay, reward, pension, allowance, grant or gratuity or any sum payable in respect of military service or any property or money in the possession of the military authorities, or

(b)falsely represents himself to any military or civil authority to belong to or to be or to have been a particular member of the Defence Forces,

shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F399[250] pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months.

(2)Where a reservist commits in the presence of an officer an offence under this section, such officer may without warrant arrest such man and, in that case, shall, as soon as may be, deliver him into the custody of a member of the Garda Síochána to be dealt with according to law.

258A. F400[Prohibition on use of term “Óglaigh na hÉireann”.

258A.—(1) A person who, in, or as part of, the name, title, description or styling of a body (whether incorporated or unincorporated), uses the term "Óglaigh na hÉireann" commits an offence.

(2) Subsection (1) shall not apply where use of the term "Óglaigh na hÉireann" is authorised by law.

(3) A person who is guilty of an offence under this section shall be liable on summary conviction to a class D fine.

(4) Where an offence under this section is committed by a body corporate or by a person purporting to act on behalf of a body corporate or an unincorporated body of persons and is proved to have been committed with the consent, connivance or approval of, or to have been attributable to any wilful neglect on the part of, any person who, when the offence was committed, was a director, a member of the committee of management or other controlling authority of the body concerned, or the manager, secretary or other officer of the body or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and be liable to be proceeded against and punished as if guilty of the first-mentioned offence.]

259. Statutory declaration in relation to pay, etc.

259.—Where regulations made by the Minister under section 97 provide for proving, by statutory declaration, the identity of the recipient of any payment under the regulations, such declaration may be taken and received by any person specified in that behalf by the regulations.

260. Penalty for purchasing certain military property.

260.—(1)In this section, the expression “military property” means any property being—

(a)any arms, ammunition (including bombs, grenades or similar missiles), equipment, instruments or clothing issued for the use of members of the Defence Forces, or

(b)any military decoration of a member of the Defence Forces, or

(c)any furniture, bedding, blankets, sheets, utensils or stores in military charge, or

(d)any provisions or forage issued for the use of a member of the Defence Forces or his horse, or

(e)any horse or vehicle employed in the service of the Defence Forces.

(2)(a)If any person—

(i)buys, exchanges, takes in pawn, obtains or receives from any person, on any pretence whatsoever, any military property, or

(ii)solicits or entices any person to sell, exchange, pawn or give away any military property, or

(iii)assists or acts for any person in selling, exchanging, pawning or making away with any military property,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F401[250] pounds together with treble the value of any military property of which he has become possessed by means of the offence or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and imprisonment.

(b)Where a person is charged with an offence under this section it shall be a good defence to prove that—

(i)at the time he did the act alleged in the charge, he was unaware that the property in respect of which the charge was made was in fact military property, or

(ii)the said property was sold by order or with the consent of the Minister or some competent military authority, or

(iii)the said property was the personal property of a person who had ceased to be a member of the Defence Forces or of the legal personal representatives of a deceased member of the Defence Forces.

(3)Where any military property is found in the possession or keeping of any person, such person may be brought or summoned before a Justice of the District Court, and if such Justice has reasonable ground to believe that the military property so found was stolen, or was bought, exchanged, taken in pawn, obtained or received in contravention of this section, then, if such person does not satisfy such Justice that he came by the military property so found lawfully and without any contravention of this Act, he shall be liable on summary conviction to the same penalties as are specified in subsection (2) of this section in the case of a contravention of that subsection.

(4)A person found committing an offence under this section may be arrested without warrant, and brought, together with the military property which is the subject of the offence, before a Justice of the District Court, and any person to whom any such property is offered to be sold, pawned or delivered, who has reasonable cause to suppose that the same is offered in contravention of this section, may arrest without warrant the person offering such military property and deliver him and such military property into the custody of a member of the Garda Síochána to be dealt with according to law.

(5)A Justice of the District Court, if satisfied on oath that there is reasonable cause to suspect that any person has in his possession or on his premises any military property on or with respect to which any offence in this section mentioned has been committed, may grant a warrant in search for such military property as in the case of stolen goods and any military property found on such search shall be seized by the person charged with the execution of such warrant, who shall bring the person in whose possession the same is found before some Justice of the District Court to be dealt with according to law.

(6)For the purposes of this section, military property shall be deemed to be in the possession or keeping of a person if he knowingly has it in the actual possession or keeping of any other person or in any house, building, lodging, apartment, field or place, open or enclosed, whether occupied by himself or not, and whether the same is so had for his own use or benefit or for the use or benefit of another.

261. Unlawful possession of certificates of discharge, etc.

261.—If any person, without lawful authority or excuse (the proof whereof shall lie on the accused), has in his possession any certificate of discharge of any member of the Defence Forces or any other official document issued in connection with the mobilisation or demobilisation of any part of the Defence Forces or any member thereof, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F402[200] pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and imprisonment.

262. Forgery of certificate of discharge and personation.

262.—If any person—

(a)forges a certificate of discharge or any certificate purporting to be a certificate of discharge, or

(b)utters any such certificate knowing it to be forged, or

(c)obtains or seeks to obtain employment by means of any forged or counterfeit certificate of discharge, or

(d)personates the holder of a certificate of discharge,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence, to imprisonment for a term not exceeding one month or, at the discretion of the court, to a fine not exceeding F403[200] pounds, and, in the case of a second or subsequent offence, to imprisonment for a term not exceeding three months.

263. Application of Pension Books (Prohibition of Alienation) Act, 1932.

263.—Every identity certificate, life certificate or other certificate or official document evidencing or issued in connection with the right of any person to a military pension or pay or to any bounty, allowance, gratuity, relief, benefit or advantage granted in connection with military service shall be deemed, for the purposes of the Pension Books (Prohibition of Alienation) Act, 1932 (No. 1 of 1932), to be a document to which the said Act applies, and the said Act shall be construed and have effect accordingly.

264. Unlawful wearing of uniform.

264.—F404[(1)If any person (not being a member of the Defence Forces) wears, without permission granted by or on behalf of the Minister, any uniform of the Defence Forces, or any colourable imitation thereof, such person shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding£1,000 or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.]

(2)Subsection (1) of this section shall not apply in respect of the wearing of any uniform of the Defence Forces or any colourable imitation thereof in the course of a stage play or other dramatic representation or performance.

(3)In this section the word “uniform” includes any distinctive part of a uniform.

F405[(4)In any proceedings for an offence under this section it shall be presumed, until the contrary is proved, that permission to wear a uniform of the Defence Forces, or any colourable imitation thereof, had not been granted by or on behalf of the Minister.]

265. Bringing contempt on uniform.

265.—(1)If any person wears any uniform of the Defence Forces or any dress, having the appearance of, or bearing any of the regimental or other distinctive marks of, any such uniform, in such a manner or in such circumstances as to be likely to bring contempt upon that uniform, such person shall be guilty of an offence under this subsection.

(2)If any person employs any other person to wear any uniform of the Defence Forces or any dress, having the appearance of, or bearing any of the regimental or other distinctive marks of, any such uniform, in such a manner or in such circumstances as to be likely to bring contempt upon that uniform, such first-mentioned person shall be guilty of an offence under this subsection.

(3)Any person who is guilty of an offence under subsection (1) or (2) of this section shall be liable on summary conviction thereof to a fine not exceeding F406[200] pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months.

266. Dyeing and conversion of uniforms, etc.

266.—(1)If any person, except under and in accordance with a permit issued by or on behalf of the Minister,

(a)dyes, or receives for the purpose of dyeing, any service textile article or any article which he has reasonable grounds for believing is a service textile article or a converted service textile article, or

(b)converts into another article or receives for the purpose of conversion into another article any service textile article,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F407[100] pounds.

(2)In this section—

the expression “service textile article” means any article of a textile nature issued to or for the use of members of the Defence Forces;

the expression “converted service textile article” means any service textile article which has been converted into another article.

267. Unauthorised use, etc., of decorations, etc.

267.—(1)If—

(a)any unauthorised person (in this subsection referred to as the offender) uses or wears any article to which this section applies or any colourable imitation thereof, or

(b)any person (in this subsection referred to as the offender) falsely represents himself to be a person who is or has been entitled to wear any article to which this section applies, or

(c)any person (in this subsection referred to as the offender), without lawful authority or excuse (the proof whereof shall lie on such person), supplies or offers to supply any article to which this section applies to a person not authorised to use or wear it,

the offender shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F408[200] pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months.

(2)Nothing in subsection (1) of this section shall be construed as rendering unlawful the use, wear or supply of ordinary regimental badges or any brooch or ornament representing those badges.

(3)This section applies to any article, relating to or connected with service in the Defence Forces, supplied or authorised by the Minister, being—

(a)a decoration, or

(b)a medal ribbon, or

(c)a badge, or

(d)a wound or service stripe, or

(e)rank insignia, or

(f)an emblem.

268. Penalty for sketching, etc., fortifications, etc., and trespassing thereon.

268.—(1)If any person, without lawful authority, makes or attempts to make any sketch, drawing, photograph, picture, painting, model or note of any fort, battery, field work, fortification or any military work of defence, aerodrome, barracks, post, magazine, munition factory, stores depot or any other Government property occupied or partly occupied by the Defence Forces or any portion thereof, such person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding F409[1,000] pounds or, at the discretion of the court, imprisonment for any term not exceeding twelve months, and all sketches, drawings, photographs, pictures, paintings, models and notes and all tools and all materials or apparatus for sketching, drawing, photographing, painting or modelling found in his possession shall be forfeited and may be destroyed, sold or otherwise disposed of as a Minister of State directs.

(2)If any person, without lawful authority, enters or approaches any fort, field work, fortifications or any military work of defence, aerodrome, barracks, post, magazine, munition factory, stores depot or any other Government property, occupied or partly occupied by the Defence Forces or any portion thereof, with sketching, drawing, photographing, painting or modelling materials or apparatus in his possession, with the intention of commiting an offence under subsection (1) of this section, such person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding F410[500] pounds or, at the discretion of the court, imprisonment for any term not exceeding six months, and all tools and materials or apparatus for sketching, drawing, photographing, painting or modelling found in his possession shall be forfeited and may be destroyed, sold or otherwise disposed of as a Minister of State directs.

(3)If any person trespasses on any fort, battery, field work, fortification or any military work of defence, aerodrome, barracks, post, magazine, munition factory, stores depot, vessel or any other Government property occupied or partly occupied by the Defence Forces or any portion thereof or any land reserved for or forming part thereof, whether any erection, fort, fortification or work of any kind is thereon or not, or any building or land reserved or set apart or used in connection with the administration, accommodation or training of any part of the Defence Forces, such person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding F411[250] pounds, or at the discretion of the court, imprisonment for any term not exceeding three months.

(4)Any member of the Defence Forces or of the Garda Síochána may without warrant arrest any person who he has reasonable grounds to believe has committed an offence under this section and bring him before a Justice of the District Court to be dealt with according to law.

(5)Any moneys arising on the sale or disposal of any articles forfeited under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.

PART VII. Manœuvres and Artillery, Rifle and Bombing Practice.

269. Power to authorise holding of military manœuvres.

269.—(1)The Minister may from time to time by order (in this Act referred to as a manœuvres (authorisation) order) authorise the holding of military manœuvres within a specified area and during a specified period commencing not earlier than one month after the date of such order.

(2)Whenever the Minister makes a manœuvres (authorisation) order, he shall as soon as conveniently may be publish such order in the Iris Oifigiúil and in at least two newspapers circulating in the area to which such order relates.

270. Powers exercisable for purposes of manœuvres.

270.—(1)Where a manœuvres (authorisation) order has been made in relation to any area, such persons as are under the authority of the Minister engaged in manœuvres may under the direction of the Minister do, within such area and during the period specified in such order, all or any of the following things, that is to say:—

(a)pass over and encamp, construct military works, not of a permanent character, and execute military manœuvres on any land;

(b)supply themselves with water from any sources of water and for that purpose dam up any running water.

(2)Nothing in this section shall authorise—

(a)the entry on or interference with (except to the extent of using any road) any dwelling-house, place of worship, hospital, school, factory, workshop used for the carrying on of any trade, business or manufacture, farmyard, garden, orchard, pleasure ground, nursery ground, burial ground, ground attached to any place of worship or school or any premises enclosed within the curtilage of or attached to any dwelling-house;

(b)the damming up of water so as to interfere with the carrying on of any trade or industry;

(c)the taking of water from any source of supply belonging to a private owner or public authority unless with the consent of such owner or authority;

(d)the interference with any national monuments within the meaning of the National Monuments Act, 1930 (No. 2 of 1930), or with any picturesque or valuable timber or other national features of exceptional interest or beauty.

(3)The officer in command of the portion of the Defence Forces engaged in any military manœuvres shall cause all land used under the power conferred by this section to be restored as soon as and as far as may be practicable to its previous condition.

(4)In this section, the word “hospital” includes sanatorium, maternity home, nursing home, convalescent home, county home, preventorium, rehabilitation centre, laboratory, clinic, health centre, first-aid station, dispensary or similar institution.

271. Compensation for damages caused by military manœuvres.

271.—(1)Where a manœuvres (authorisation) order has been made, compensation shall be made by the Minister for any damage to person or property or interference with rights or privileges arising from the exercise of the powers conferred by this Part, whether or not occasioned by the acts of the military forces engaged in the manœuvres, including therein all expenses reasonably incurred in protecting person, property, rights and privileges, and any damage by reason of excessive weight or extraordinary traffic caused to any road.

(2)The amount of any compensation under this section shall, in default of agreement (which agreement shall be subject to the consent of the Minister for Finance), be determined by an arbitrator appointed under the Acquisition of Land (Assessment of Compensation) Act, 1919, and under and in accordance with that Act.

272. Offences in relation to manoeuvres.

272.—(1)If, within the area and during the period specified in a manoeuvres (authorisation) order authorising military manœuvres, any person—

(a)wilfully and unlawfully obstructs or interferes with the execution of the manoeuvres, or

(b)without due authority enters or remains in any camp or billet or any place where any guns, vehicles, ammunition, supplies or other material used for the purposes of the manoeuvres are stored,

he shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding F413[100] pounds.

(2)If, within the area and during the period specified in a manoeuvres (authorisation) order, any person—

(a)without due authority moves any light, flag, mark or other object relating to, or used for the purposes of, the manoeuvres, or

(b)maliciously cuts or damages any telegraph or telephone wire or any water or petrol supply pipe laid down by or for the use of the forces engaged in the manoeuvres,

he shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding F414[150] pounds.

(3)If, within the area and during the period specified in a manoeuvres (authorisation) order, any person commits any offence under subsection (1) of this section he may be removed from that area by a member of the Garda Síochána or by order of any officer of the Defence Forces.

273. Exemption of members of the Defence Forces engaged in manœuvres from section 164 of the Road Traffic Act, 1933.

273.—Where a manœuvres (authorisation) order is made, section 164 of the Road Traffic Act, 1933 (No. 11 of 1933), shall not, during the period specified in the order, apply in respect of a vehicle which is being driven by or in the charge of a member of the Defence Forces who is for the time being engaged in the military manœuvres authorised by the order.

274. Temporary stoppage of traffic during manœuvres or artillery, etc., practice.

274.—In any area specified in a manœuvres (authorisation) order or in the vicinity of any place used for artillery, rifle, bombing or other army, naval or air practices, the officer in command of the portion of the Defence Forces engaged in the manœuvres or in such practices may temporarily stop all traffic by land or water in that area or in the vicinity of that place so far as in his opinion may be necessary for the security of life and the proper conduct of the manœuvres or such practices.

PART VIII. Bye-laws as to land used for defence purposes.

275. Interpretation of Part VIII.

275.—(1)In this Part—

the expression “authorised officer” means any person being—

(a)a member of the Garda Síochána, or

(b)a member of the Defence Forces authorised in that behalf by bye-laws;

the word “bye-laws” means bye-laws made under this Part;

the expression “road authority” has the same meaning as in the Local Government Act, 1946 (No. 24 of 1946);

the expression “State land” means any land belonging to the State or vested in the Minister.

(2)References in this Part to a contravention of a bye-law include references to a failure or refusal to comply with the bye-law.

276. Bye-laws as to use of State land appropriated for defence purposes, and for securing the public safety.

276.—(1)Where any State land is for the time being appropriated for any defence purpose, the Minister may, subject to the provisions of this Part, make bye-laws for regulating the use of the land for the purpose for which it is appropriated and for securing the public against danger arising from that use, with power to prohibit all intrusion on the land and all obstruction of the use thereof.

(2)Bye-laws made under this section shall not authorise the Minister to take away or prejudicially affect any right of common.

(3)Where any bye-laws made under this section permit the public to use land for any purpose when not used for the purpose for which it is appropriated, those bye-laws may also provide for the government of the land when so used by the public, and the preservation of order and good conduct thereon, and for the prevention of nuisances, obstructions, encampments and encroachments thereon, and for the prevention of any injury to the land or to anything growing or erected thereon, and for the prevention of anything interfering with the orderly use thereof by the public for the purpose permitted by the bye-laws.

277. Extension of power to make bye-laws in respect of non-State land where Minister has right of user for defence purposes.

277.—Where the Minister has for the time being the right to use for any defence purpose any land (not being State land), the power conferred by section 276 to make bye-laws shall extend to that land as if it were State land and were appropriated for the said purpose, subject however to this restriction, namely, that any bye-law made by virtue of this section shall not unfavourably affect the private rights of any person further or otherwise than is authorised by the grant of the right to use the land.

278. Extension of power to make bye-laws in respect of adjoining fore-shore, sea and tidal water.

278.—(1)Where any land, the use of which can be regulated by bye-laws under section 276 or 277, abuts on any foreshore, sea or tidal water, bye-laws may be made in relation to any such foreshore, sea or tidal water as if they were part of the land.

(2)If any person entitled to a private right in or over any foreshore, sea or tidal water in relation to which a bye-law is made by virtue of this section proves that his exercise of that right has been injuriously affected or obstructed by reason of the bye-law, he shall be entitled to recover from the Minister compensation for that injurious affection or obstruction, and any question whether compensation is payable under this subsection or as to the amount of any compensation so payable shall, in default of agreement (which agreement shall be subject to the consent of the Minister for Finance), be determined by an arbitrator appointed under the Acquisition of Land (Assessment of Compensation) Act, 1919, and under and in accordance with that Act.

(3)(a)A bye-law made by virtue of this section shall not injuriously affect any public right unless the bye-law is made with the consent of the Minister for Industry and Commerce.

(b)The following provisions shall apply in relation to the giving by the Minister for Industry and Commerce of his consent to a bye-law made by virtue of this section which, if made, would injuriously affect any public right in or over any foreshore, sea or tidal water—

(i)the said Minister, if satisfied, after compliance with subparagraph (ii) of this paragraph, that a restriction of such public right is required for the safety of the public or for the exigencies of the military purpose to which the land abutting on such foreshore, sea or tidal water is appropriated, may consent to a bye-law restricting the said public right to such extent as in all the circumstances of the case seems reasonable to him,

(ii)the said Minister before consenting to the bye-law shall cause notice of such proposed bye-law to be given in such manner in the locality as he deems best so as to give interested persons an opportunity of making objections to the proposed bye-law and shall make such enquiries as appear to him necessary for ascertaining that the bye-law will not unreasonably interfere with any public right.

(c)In this subsection, the expression “public right” includes any right of navigation, anchoring, grounding, fishing, bathing, walking or recreation.

279. Bye-laws as to roads.

279.—(1)The Minister may, in respect of any portion of a road which crosses or runs near any land the use of which may be regulated by bye-law, make, with the consent of the road authority charged with the maintenance of that portion, bye-laws providing for the restriction, by such means as the Minister thinks proper and specifies in the bye-laws, of the use of that portion.

(2)Save as provided by this section, bye-laws shall not be made in relation to any road.

280. Notice of intention to make bye-laws.

280.—(1)Where the Minister proposes to make any bye-laws, he shall, before making such bye-laws, deposit copies of the proposed bye-laws, in every Circuit Court Office in the area to which such proposed bye-laws relate and publish, in some newspaper or newspapers circulating in such area notice of his intention to make bye-laws and of the deposit of such copies.

(2)Any person may inspect any proposed bye-laws deposited in a Circuit Court Office under this section and may, within twenty-eight days after the publication in accordance with this section of notice of intention to make such proposed bye-laws, send objections to the Minister against the making of such proposed bye-laws.

(3)The Minister shall before making any bye-laws consider any objections to them sent to him before the expiration of the twenty-eight days referred to in subsection (2) of this section.

281. Marking of boundaries of bye-law areas.

281.—(1)When the Minister makes any bye-laws, he shall cause the boundaries of the area to which the bye-laws relate to be marked in such manner as appears to him necessary to make the boundaries known to all persons in the locality.

(2)Where any bye-laws are made under section 278 in relation to any area which consists of any foreshore, sea or tidal water and the boundaries of that area cannot, in the opinion of the Minister, be conveniently marked by permanent marks, those boundaries shall be described in the bye-laws and shall be deemed to be sufficiently marked within the meaning of subsection (1) of this section if, while that area is in use for military purposes, sufficient means are taken to warn the public from entering that area.

282. Publication of bye-laws.

282.—Where the Minister makes any bye-laws, he shall cause the bye-laws to be published in such manner as he deems necessary to make them known to all persons in the locality to which they relate and shall provide for copies of such bye-laws being sold at the price of one shilling for each copy to any person who desires to obtain a copy.

283. Penalties for contravention of bye-laws.

283.—(1)If any person contravenes any bye-law, such person shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding F415[150] pounds, and the court may order any animal, vehicle, vessel or other thing, the property of such person, which is in the area to which the bye-law relates at the time of such contravention, to be forfeited.

(2)Where any animal, vehicle, vessel or other thing is forfeited under this section, it shall be sold in accordance with the directions of the Minister and the proceeds of the sale shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

284. Removal and arrest of offenders.

284.—(1)If, in any area to which a bye-law relates, any person contravenes the bye-law,—

(a)an authorised officer may order that person to leave the area,

(b)if that person, on being so ordered, refuses or fails to leave the area,—

(i)he shall be guilty of an offence under this section, and

(ii)the authorised officer may either remove him from the area by force or without warrant arrest him.

(2)If any person is on a particular portion of a road, the use of which is restricted by a bye-law made under section 279, in contravention of the bye-law,—

(a)an authorised officer may order that person to leave that portion,

(b)if that person, on being so ordered, refuses or fails to leave that portion,—

(i)he shall be guilty of an offence under this section, and

(ii)the authorised officer may either remove him from that portion by force or without warrant arrest him.

(3)Every person guilty of an offence under this section shall be liable on summary conviction thereof to a fine not exceeding F416[150] pounds.

(4)Where an authorised officer (not being a member of the Garda Síochána) arrests a person under this section, he shall, as soon as may be, deliver such person into the custody of a member of the Garda Síochána to be dealt with according to law.

285. Removal of animals, etc.

285.—An authorised officer may remove or cause to be removed any vehicle, animal, vessel or other thing found in any area to which a bye-law relates in contravention of that bye-law.

286. Obstruction of and assaults on authorised officers.

286.—If any person—

(a)obstructs or impedes an authorised officer in the lawful execution of his powers and duties as an authorised officer under this Part, or

(b)assaults an authorised officer in the lawful execution of those powers and duties,

that person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F417[250] pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months.

287. Non-application of Part VIII to the Curragh of Kildare.

287.—This Part does not apply to the Curragh of Kildare.

PART IX. The Army Nursing Service.

288. The existing nursing service.

288.—In this Part, the expression “the existing nursing service” means the nursing service established under the Act of 1923.

289. Establishment of the Army Nursing Service.