Defence (Amendment) Act , 1987

1. Interpretation.

1.—In this Act—

“a day’s pay” means—

(a)in relation to a person who is convicted by a court-martial of an offence against military law or whose case is being dealt with summarily under Chapter IV of Part V of the Principal Act and who is a member of the Defence Forces, the basic pay, excluding any additional pay or allowance, that is, or would be, payable to that person in respect of the day on which punishment is awarded in respect of the offence, or

(b)in relation to a person convicted of an offence against military law who is not a member of the Defence Forces but who was a member of the Defence Forces when the offence was committed, the basic pay, excluding any additional pay or allowance, that would be payable to that person in respect of the day on which punishment is awarded in respect of the offence if he were a member of the Defence Forces on that day and his rank and service (or service in rank, if appropriate) were the same as those on the last day of his service in the Defence Forces;

“the Principal Act” means the Defence Act, 1954.

2. Increase of certain fines awardable under Principal Act.

2.—The fine which may be awarded under a section of the Principal Act specified in column (2) of the Table to this section shall be a fine not exceeding in amount the amount specified in column (3) of that Table opposite the reference number opposite which that section is so specified.

TABLE

3. Increase of fines and compensation awardable under sections 177, 178 and 179 of Principal Act.

3.—(1)Section 177 of the Principal Act is hereby amended by—

(a)the substitution of the following clause for clause (I) of subsection (3) (a) (ii):

and

(b)the substitution in paragraph (f) of subsection (3) of “or an amount equal to nine days’ pay of the officer charged” for “or the sum of fifteen pounds”,

and the said paragraph (f), as amended by this subsection, is set out in paragraph 1 of the Table to this section.

(2)Section 178 of the Principal Act is hereby amended by—

(a)the substitution of the following paragraph for paragraph (a) of subsection (2):

(b)the substitution of the following subparagraph for subparagraph (ii) of subsection (3) (a):

and

(c)the substitution in subsection (4) of “or an amount equal to nine days’ pay of the offender” for “or the sum of ten pounds”,

and the said subsection (4), as amended by this subsection, is set out in paragraph 2 of the Table to this section.

(3)Section 179 of the Principal Act is hereby amended by—

(a)the substitution of the following paragraph for paragraph (a) of subsection (3):

and

(b)the substitution in subsection (4) of “or an amount equal to four days’ pay of the offender” for “or the sum of three pounds”,

and the said subsection (4), as amended by this subsection, is set out in paragraph 3 of the Table to this section.

TABLE

1.(f)where—

(i)the authorised officer deals with the case summarily, and

(ii)the offence charged occasioned any expense, loss, damage or destruction,

the authorised officer may, in lieu of or in addition to any punishment which he is authorised by paragraph (a) of this subsection to award in respect of the offence, order that there shall be paid by the officer charged, as compensation for the expense, loss, damage or destruction so occasioned, such sum (not exceeding the amount required to make good such expense, loss, damage or destruction or an amount equal to nine days’ pay of the officer charged, whichever is the less) as the authorised officer may direct.

2.(4)Where—

(a)a commanding officer deals with a case summarily under this section, and

(b)the offence charged occasioned any expense, loss, damage or destruction.

the commanding officer may, in lieu of or in addition to any punishment which he is authorised by this section to award in respect of the offence, order that there shall be paid by the offender, as compensation for the expense, loss, damage or destruction so occasioned, such sum (not exceeding the amount required to make good such expense, loss, damage or destruction or an amount equal to nine days’ pay of the offender, whichever is the less) as the commanding officer thinks fit.

3.(4)Where—

(a)a subordinate officer deals with a case summarily under this section, and

(b)the offence charged occasioned any expense, loss, damage or destruction,

the subordinate officer may, in lieu of or in addition to any punishment which he is authorised by this section to award in respect of the offence, order that there shall be paid by the offender, as compensation for the expense, loss, damage or destruction so occasioned, such sum (not exceeding the amount required to make good such expense, loss, damage or destruction or an amount equal to four days’ pay of the offender, whichever is the less) as the subordinate officer thinks fit.

4. Alteration of punishments awardable, and disqualifications incurred, under sections 209 and 210 of Principal Act.

4.—(1)Section 209 of the Principal Act is hereby amended by—

(a)the insertion of the following after item E in the Scale to subsection (1):

(b)the substitution of the following for item G in the said Scale:

(c)the insertion after subsection (6) of the following subsection:

and

(d)the substitution of the following subsections for subsection (8):

(2)Section 210 of the Principal Act is hereby amended by—

(a)the substitution of the following for items D, E and F in the Scale to subsection (1):

(b)the substitution of the following for item H in the said Scale:

and

(c)the substitution of the following subsections for subsection (11):

5. Offences relating to drugs, volatile substances and volatile preparations.

5.—The Principal Act is hereby amended by the insertion of the following section after section 142:

6. Powers exercisable by captain of service aircraft and certain other persons when safety of aircraft, etc. in jeopardy.

6.—(1)Where the captain of a service aircraft has reasonable grounds for believing that a person who is not subject to military law has committed, or is about to commit, on board the aircraft any act jeopardising, or which may jeopardise,—

(a)the safety of the aircraft, or

(b)the safety of any person or property on board the aircraft, or

(c)good order and discipline on board the aircraft,

the captain may take, with respect to that person, such reasonable measures, including restraint of his person, as he reasonably considers to be necessary to protect the safety of the aircraft or of any person or property, or to maintain good order and discipline, on board the aircraft.

(2)For the purposes of enabling him to exercise the powers conferred on him by subsection (1) of this section, the captain of a service aircraft may—

(a)order or authorise the assistance of any other member of the crew of the aircraft, or

(b)request or authorise the assistance of any other person on board the aircraft.

(3)Any member of the crew of a service aircraft, or any other person on board the aircraft, may, without being ordered, authorised or requested in that behalf by the captain of the aircraft, take, with respect to any other person on board the aircraft who is not subject to military law, any reasonable measures which he has reasonable grounds for believing to be immediately necessary to protect the safety of the aircraft or of any person or property on board the aircraft.

(4)A measure authorised by this section shall constitute neither—

(a)an offence either at common law or under statute, nor

(b)a cause of action in any court.

(5)For the purposes of this section and section 154 of the Principal Act, the person who has been designated to be in command of a service aircraft shall be regarded as being the captain of the aircraft.

7. Lopping, cutting or removal of certain trees, etc.

7.—(1)The Minister may lop, cut or remove, or cause to be lopped, cut or removed, any tree, shrub, hedge or other plant on land in the vicinity of an aerodrome vested in or occupied by him which, in his opinion, obstructs or otherwise interferes with the navigation of aircraft using the aerodrome.

(2)(a)Before exercising a power under subsection (1) of this section, the Minister shall give to the occupier of the land concerned notice in writing of his intention to so do after the expiration of a period (being a period of not less than twenty-one days) specified in the notice, and in case an occupier of land receives a notice under this section and apart from this subsection would not be entitled to carry out the lopping, cutting or removal referred to in the notice, he may, if he so wishes, by virtue of having received the notice, himself carry out or cause to be carried out such lopping, cutting or removal: provided that, before the expiration of the period specified in the notice, he informs the Minister in writing of his intention so to do.

(b)Where an occupier of land to whom a notice under this section is given carries out, or causes to be carried out, whether or not by virtue of the power conferred on him in that behalf by paragraph (a) of this subsection, the lopping, cutting or removal referred to in the notice, the reasonable expenses thereby incurred by him shall be paid to him on demand by the Minister.

(3)Where a notice is given under this section, a person appointed in writing by the Minister to be an authorised person for the purposes of this section and any persons acting under that person’s direction may, for the purpose of or in connection with carrying out the lopping, cutting or removal specified in the notice, at any reasonable time after the expiration of the period specified in the notice, enter (with or without vehicles) the land to which the notice relates or any other land and, in addition to carrying out such lopping, cutting or removal, do thereon all things ancillary to or reasonably necessary for the aforesaid purpose.

(4)Any person who obstructs or impedes a person in the exercise of a power conferred on him by subsection (3) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.

8. Production of documents in evidence.

8.—(1)A person summoned or ordered under section 207 of the Principal' Act to give evidence before a court-martial may by letter signed by the F1[military judge presiding at] the court-martial be required to produce to such court-martial any document, record or other thing in his power or control being a document, record or other thing which is either specified in such letter or is of a class or description so specified and being in either case a document, record or other thing required as evidence at such court-martial.

(2)A person summoned or ordered under section 183 (1) of the Principal Act to attend as a witness before an authorised officer or a commanding officer investigating a charge under Chapter IV of Part V of that Act may by letter signed by such authorised officer or commanding officer, as may be appropriate, be required to produce to such officer any document, record or other thing in the person’s power or control being a document, record or other thing which is either specified in the letter or is of a class or description so specified and being in either case a document, record or other thing which such officer considers necessary for the purposes of the investigation.

F1[(3) For the purposes of subsection (1) of this section—

(a) subsection (3) of section 207 of the Principal Act shall apply as it applies for the purposes of the said section 207, and

(b) references to the military judge shall be construed as including references to such officer.]

(4)Any person, not being a person subject to military law, who without just cause or excuse fails or refuses to produce a document, record or other thing, the production of which is required under subsection (2) of this section, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding F1[€2,000].

9. Amendment of section 35 (1) of Principal Act.

9.—Section 35 (1) of the Principal Act is hereby amended by the substitution of the following paragraph for paragraph (a):

10. Amendment of section 107 of Principal Act.

10.—Section 107 (as amended by section 5 of the Age of Majority Act, 1985) of the Principal Act is hereby amended by the substitution of the following subsections for subsection (1):

11. Amendment of section 206 (2) of Principal Act.

11.—Section 206 (2) of the Principal Act is hereby amended by the insertion after paragraph (b) of the following paragraph:

12. Amendment of section 208 of Principal Act.

12.—Section 208 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (1):

13. Amendment of section 248 of Principal Act.

13.—Section 248 of the Principal Act is hereby amended by the insertion in paragraph (d) after subparagraph (ii) of the following subparagraph:

14. Amendment of section 264 of Principal Act.

14.—Section 264 of the Principal Act is hereby amended by—

(a)the substitution of the following subsection for subsection (1):

and

(b)the insertion after subsection (3) of the following subsection:

15. Amendment of Fourth Schedule to Principal Act.

15.—The Fourth Schedule to the Principal Act is hereby amended by the substitution of the following paragraph for paragraph 20:

16. Commencement of certain sections.

16.—Sections 2, 3, 4, 8 (4), 12 and 14 of this Act shall have effect only in relation to offences committed after the commencement of this Act.

17. Short title, collective citation and construction.

17.—(1)This Act may be cited as the Defence (Amendment) Act, 1987.

(2)The Defence Acts, 1954 to 1979, and this Act may be cited together as the Defence Acts, 1954 to 1987, and shall be construed together as one Act.