Defence (Amendment) Act 2007

(ii) not less than three other officers, none of whom shall be below the army rank of captain or the equivalent naval rank,

and

(b) may include not more than one non-commissioned officer who shall not be below the army rank of battalion quarter-master sergeant or the equivalent naval rank and in any case not of a lower rank than the accused.”.

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

40.— The following section is substituted for section 190 of the Principal Act:

“Limited court-martial.

190.— (1) A limited court-martial shall consist of—

(a) a military judge, and

(b) save in the case of a limited court-martial convened pursuant to subsection (8) or (11) of section 212A, a court-martial board of not less than three members specified by or on behalf of the Court-Martial Administrator.

(2) The court-martial board—

(a) shall include—

(i) an officer of the Permanent Defence Force not below the army rank of commandant or the equivalent naval rank, and

(ii) at least one other officer who shall not be below the army rank of lieutenant or the equivalent naval rank,

and

(b) may include not more than one non-commissioned officer who shall not be below the army rank of battalion quarter-master sergeant or the equivalent naval rank and in any case not of a lower rank than the accused.”.

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

41.— The following section is substituted for section 191 of the Principal Act:

“Membership of court-martial board.

191.— (1) None of the following persons may serve as a member of a court-martial board:

(a) the Court-Martial Administrator or a member of his staff;

(b) the Director or a member of his staff;

(c) a member of the Defence Forces who has examined into or advised on the matters on which any charge against the accused is based;

(d) a person who has been or may be summoned as a witness for the prosecution or the accused before the court-martial concerned;

(e) a member of the Defence Forces who investigated the charge against the accused or took down any summary or abstract of evidence against the accused or who was a member of a court of inquiry inquiring into the matters on which the charge against the accused is based;

(f) a member of the military police corps;

(g) any member of the Defence Forces who is a barrister or solicitor;

(h) any member of the Defence Forces who has a personal interest in the case;

(i) any member of the Defence Forces who is not for the time being subject to military law;

(j) an officer or non-commissioned officer who is serving in the same military chain of command as the accused.

(2) A member of a court-martial board shall neither report on, nor be the subject of any report in respect of, the performance of his functions as such member under this Act.”.

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

42.— Section 192 of the Principal Act is amended—

(a) by substituting the following for subsection (1):

“(1) Subject to and in accordance with the provisions of this Act, a general court-martial, limited court-martial or summary court-martial shall, in addition to any other powers conferred on it by this Act, have jurisdiction to try and punish any person for an offence against military law committed by the person while subject to military law as an officer or as a man.”,

(b) by inserting the following after subsection (1):

“(1A) In this section ‘ relevant offence ’ means—

(a) the offence of treason or murder, or

(b) an offence under section 3, as amended, of the Geneva Conventions Act 1962 or an offence under section 7 (genocide, crimes against humanity and war crimes) or 8 (ancillary offences) of the International Criminal Court Act 2006, or

(c) manslaughter, rape, rape under section 4 (within the meaning of the Criminal Law (Rape) (Amendment) Act 1990) or aggravated sexual assault (within the meaning of the Criminal Law (Rape) (Amendment) Act 1990), or

(d) an offence under the Criminal Justice (United Nations Convention against Torture) Act 2000, or

(e) an offence under the Criminal Justice (Safety of United Nations Workers) Act 2000, or

(f) an offence under the Criminal Justice (Terrorist Offences) Act 2005.

(1B) A summary court-martial shall not have jurisdiction—

(a) to try any person who is for the time being an officer holding the army rank of lieutenant colonel or the equivalent naval rank or higher commissioned rank,

(b) to try any person for a relevant offence,

(c) to award to any person any sentence greater than imprisonment for a term of six months, or

(d) in the case of an appeal under section 178E, to award any punishment greater than that awardable on summary disposal of the matter under section 177C or 178C, as appropriate.”,

(c) by substituting the following for subsection (2):

“(2) A limited court-martial shall not have jurisdiction—

(a) to try any person for any offence against military law committed by the person while subject to military law as an officer,

(b) to try any person who is for the time being an officer or a man of the army rank of battalion quarter-master sergeant or the equivalent naval rank or of any higher non-commissioned rank,

(c) to try any person for a relevant offence, or

(d) to award to any person any sentence greater than imprisonment for a term of two years.”,

(d) by substituting the following for subsection (3):

“(3) Subject to subsection (3A) of this section, a general court-martial shall not have jurisdiction to try any person subject to military law for a relevant offence unless the offence was committed while the person was on active service or while the person was despatched for service outside the State for any purpose specified in section 3 of the Defence (Amendment) Act 2006.”,

(e) by inserting the following after subsection (3):

“(3A) In the case of rape, rape under section 4 (within the meaning of the Criminal Law (Rape) (Amendment) Act 1990) or aggravated sexual assault (within the meaning of the Criminal Law (Rape) (Amendment) Act 1990), where the offence was committed by a person subject to military law who was neither on active service nor despatched for service outside the State for any purpose specified in section 3 of the Defence (Amendment) Act 2006 when the offence was committed, a general court-martial may try any person subject to military law on a charge of having committed that offence where—

(a) the person in respect of whom the offence was committed is, or was when the offence was committed, subject to military law, and has consented in writing to the trial of the offence by court-martial, and

(b) the Director of Public Prosecutions has given his prior consent.”,

and

(f) in subsection (4)(b), by substituting “the Director certifying that as respects the trial of a civil offence” for “the officer convening a court-martial for the trial of a civil offence certifying that as respects such trial”.

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

43.— The following section is substituted for section 193 of the Principal Act:

“Dissolution of courts-martial.

193.— (1) This section applies to the dissolution of a general court-martial or limited court-martial.

(2) The Court-Martial Administrator may dissolve a court-martial at any time before it has been sworn, where he considers that by reason of the exigencies of the service or for any other reason it is desirable to do so.

(3) The military judge for a trial by court-martial may dissolve the court-martial at any time after it has been sworn where he considers it to be necessary or expedient in the interests of the administration of justice.

(4) Where a court-martial has been sworn and the military judge dies or for any other reason is unavailable, the court-martial may be dissolved by another military judge or by the Court-Martial Administrator, as appropriate.

(5) The military judge shall dissolve the court-martial—

(a) where, on account of the illness of the accused at any time before the finding, it is impossible, in the opinion of the military judge, to continue the trial within a reasonable time, or

(b) where at any time after the court-martial is sworn, and before the finding, the number of members of the court-martial board is reduced below the minimum number of members required for the trial—

(i) by reason of the death of a member or the discharge of a member by the military judge owing to his being incapable through illness or any other cause of continuing to act as a member, or

(ii) because the military judge directs that a member shall not serve or shall not continue to serve as a member where he considers that for any stated reason it is desirable in the interests of justice.

(6) Where a court-martial is dissolved under this section, the accused may, on the directions of the Director, be retried by another court-martial in accordance with this Part.

(7) For the purposes of subsection (5) of this section the minimum number of members of a court-martial board shall be—

(a) in the case of a general court-martial, 5 members (including the officer referred to in section 189(2)(a) or (3)(a)(i), as the case may be), and

(b) in the case of a limited court-martial, 3 members (including the officer referred to in section 190(2)(a)(i)).”.

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

44.— The following section is substituted for section 194 of the Principal Act:

“Admission to courts-martial.

194.— (1) Subject to this section and to any other enactment, proceedings before a court-martial shall be held in public.

(2) Where the military judge presiding at a court-martial is satisfied that because of the nature or circumstances of the case or otherwise in the interests of justice or the security of the State or of the Defence Forces that it is desirable to do so, he may do any one or more of the following:

(a) exclude the public or any portion of the public or any particular person or persons from the court during the whole or any part of a trial;

(b) prohibit the publication of information in relation to the proceedings or any particular part of them;

(c) impose restrictions or limitations on publication.

(3) In any proceedings for an offence which is, in the opinion of the military judge, of an indecent or obscene nature (including proceedings for rape, rape under section 4 (within the meaning of the Criminal Law (Rape) (Amendment) Act 1990) or sexual assault or aggravated sexual assault (both within the meaning of the Criminal Law (Rape) (Amendment) Act 1990), attempted aggravated sexual assault or sexual assault or aiding, abetting, counselling or procuring the offence of aggravated sexual assault or sexual assault or attempted aggravated sexual assault or sexual assault or of incitement to the offence of aggravated sexual assault or sexual assault or conspiracy to commit any of the foregoing offences), the military judge shall, subject to subsections (4) and (5) of this section, exclude from the court-martial during the trial all persons except officers of the court, persons directly concerned in the proceedings, bona fide representatives of the press and such other persons (if any) as the military judge may in his discretion permit to remain.

(4) In any proceedings for an offence referred to in subsection (3) of this section—

(a) in the case of the accused person, an assisting person or, where the accused person so requests, a parent, relative or friend of the accused person shall be entitled to remain in court during the whole of the trial, and

(b) in the case of a person in respect of whom the offence is alleged to have been committed, where the person so requests, a parent, relative or friend of the person shall be entitled to remain in court while that person is giving evidence as a witness before the court-martial.

(5) In any proceedings to which subsection (2) or (3) of this section applies the findings and the sentence (if any) shall be announced in public.

(6) Witnesses, other than the accused person, shall not be admitted to a trial, except when under examination or by specific leave of the military judge presiding at the trial concerned.

(7) No persons other than the members of the court-martial board shall be present during any deliberations by the court-martial board as to its findings.”.

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

45.— The following section is substituted for section 195 of the Principal Act:

“Divers matters of procedure.

195.— (1) A court-martial may adjourn from time to time and from place to place whenever the military judge considers adjournment desirable.

(2) The military judge and, in the case of a general court-martial or a limited court-martial, the court-martial board, after it is sworn and before making its findings, if the military judge considers it appropriate, may view any place, person or thing which in the opinion of the military judge it is expedient for the purposes of the proceedings that he and, as the case may be, the court-martial board should see.

(3) For the purposes of viewing any place, person or thing under subsection (2) of this section, the military judge shall give such directions as appear to him to be expedient for the purpose of preventing undue communication with the court-martial board during the viewing.”.

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

46.— The following section is substituted for section 197 of the Principal Act:

“Challenges by accused.

197.— (1) When a court-martial is assembled and before the members of the court-martial board are sworn, their names shall be read to the accused who shall then be asked if he objects to any of them and in the event of an objection the decision as to whether to allow the objection shall be made by the military judge in accordance with the procedure prescribed by court-martial rules.

(2) The procedure for the replacement of a member of the court-martial board in respect of whom an objection has been allowed shall be as prescribed, subject to the same right of the accused to object to the member selected to fill the subsequent vacancy in accordance with subsection (1) of this section.”.

47. Insertion of new section: rulings and directions.

47.— The following section is inserted after section 197 of the Principal Act:

“Rulings and directions.

197A.— (1) Rulings and directions on questions of law, practice or procedure relative to the charge or trial shall be given by the military judge presiding at a court-martial.

(2) Any rulings or directions given under subsection (1) of this section shall be binding on the court-martial concerned.”.

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

48.— The following section is substituted for section 198 of the Principal Act:

“Courts-martial: findings and sentence.

198.— (1) Subject to the provisions of this section, in the case of a general court-martial or limited court-martial, a finding of guilty on any charge shall be decided by a majority of at least two-thirds of the members of the court-martial board, after the military judge has summed up the law and the evidence.

(2) Where two-thirds of the members of the court-martial board is not a whole number, the next highest whole number shall be taken to be two-thirds for the purposes of subsection (1) of this section.

(3) If the number of members of the court-martial board who vote for a guilty finding on any charge is less than that referred to in subsection (1) of this section the accused shall be acquitted of that charge.

(4) The military judge presiding at a general court-martial or limited court-martial is not entitled to vote on the finding.

(5) The military judge presiding at a court-martial shall determine the sentence.”.

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

49.— The following section is substituted for section 199 of the Principal Act:

“Swearing of court-martial.

199.— (1) When a court-martial board is constituted with the required number of persons who are not objected to or the objections to whom have not been allowed, an oath in the form prescribed by court-martial rules shall be administered by the person or persons so prescribed to—

(a) each member of the court-martial board, and

(b) every interpreter and shorthand writer or other note-taker in attendance.

(2) If a person required by this section to take an oath objects to taking an oath or is objected to as incompetent to take an oath, the military judge shall, if satisfied of the sincerity of the objection or, where the competence of a person to take an oath is objected to, of the oath having no binding effect on the conscience of that person, permit the person, instead of being sworn, to make a solemn declaration in the prescribed form, and for the purposes of this Act that declaration is deemed to be an oath.

(3) For the purposes of this section, different forms of oath may be prescribed for members of a court-martial board, interpreters and shorthand writers or other note-takers, and different persons may be prescribed to administer oaths and to take declarations.”.

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

50.— Section 202 of the Principal Act is amended—

(a) in subsection (1)—

(i) in paragraph (a), by substituting “the military judge presiding at the court-martial” for “the court-martial”, and

(ii) in paragraph (b)—

(I) by substituting “the military judge, if he is” for “the court-martial, if it is”, and

(II) by substituting “the Mental Health Act 2001” for “the Act of 2001”,

(b) by inserting the following after subsection (1):

“(1A) In the case of a general court-martial or limited court-martial, the question of whether a person charged with an offence is fit to be tried shall be determined, and the finding shall be made, by the military judge sitting alone.”,

(c) by deleting subsection (2),

(d) in subsection (3), by inserting the following after paragraph (b):

“(bb) in the case of a general court-martial or limited court-martial, object to a member of the court-martial board to whom he might wish to object,”,

(e) by substituting the following for subsection (4):

“(4) After the military judge presiding at a court-martial has found that a person charged with an offence is unfit to take his trial, the military judge may on application to him and without prejudice to any further proceedings allow evidence to be adduced before the court-martial as to whether or not that person did the act or made the omission alleged against him and if the summary court-martial or, in the case of a general court-martial or limited court-martial, the court-martial board, is satisfied that there is a reasonable doubt that the person committed that act or made the omission, the summary court-martial or the court-martial board, as the case may be, shall acquit him.”,

and

(f) by inserting the following subsection:

“(5) In this section and in section 203 ‘consultant psychiatrist’ has the same meaning as in the Mental Health Act 2001.”.

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

51.— Section 203 of the Principal Act is amended—

(a) in subsection (1)—

(i) by substituting “the summary court-martial, or in the case of a general court-martial or limited court-martial, the court-martial board, finds” for “the court-martial finds”, and

(ii) by substituting “the summary court-martial, or in the case of a general court-martial or limited court-martial, the court-martial board, shall specially find” for “the court-martial shall specially find”,

(b) by substituting the following for subsection (2):

“(2) If the military judge presiding at the court-martial having considered any evidence adduced before the court-martial is satisfied that the person found not guilty by reason of insanity is suffering from a mental disorder (within the meaning of the Mental Health Act 2001) and is in need of in-patient care or treatment in a designated centre the military judge shall, after consultation with the clinical director of the designated centre concerned, commit him to a specified designated centre until an order is made under section 13 of the Criminal Law (Insanity) Act 2006.”,

(c) by inserting the following after subsection (2):

“(2A) In this section ‘clinical director’ shall have the same meaning as in section 1 of the Criminal Law (Insanity) Act 2006.”,

and

(d) by deleting subsection (3).

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

52.— The following sections are inserted after section 203A (inserted by the Criminal Law (Insanity) Act 2006) of the Principal Act:

“Appeals (mental disorder at time of trial).

203B.— (1) An appeal shall lie to the Courts-Martial Appeal Court (in this section and in sections 203C and 203D referred to as ‘the Court’) from a finding by a court-martial pursuant to section 202 that a person charged with an offence is unfit to take his trial.

(2) Where the Court makes an order pursuant to section 19A (inserted by the Defence (Amendment) Act 2007) of the Courts-Martial Appeals Act 1983 that the appellant be tried or retried, as the case may be, by court-martial for the offence alleged, the appellant may, subject to the directions of the Director, be tried or retried for an offence other than the offence alleged in respect of which he was found unfit to take his trial being an offence of which he might be found guilty on a charge for the offence alleged.

Appeals (not guilty by reason of insanity).

203C.— A person tried for an offence by court-martial and found not guilty by reason of insanity may appeal against the finding to the Court pursuant to section 19B (inserted by the Defence (Amendment) Act 2007) of the Courts-Martial Appeals Act 1983.

Appeals (order of committal under section 202 or 203).

203D.— An appeal against a decision by a court-martial to make or not to make an order of committal under section 202(1)(b) or 203(2) shall lie at the instance of the person charged with the offence concerned or the Director to the Court pursuant to section 19C (inserted by the Defence (Amendment) Act 2007) of the Courts-Martial Appeals Act 1983.”.

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

53.— The following section is inserted after section 205 of the Principal Act:

“Effect of certain offences on persons in respect of whom committed.

205A.— (1) In determining the punishment to be awarded to a person for an offence to which this section applies, the military judge presiding at the court-martial concerned shall take into account, and may, where necessary, receive evidence or submissions concerning, any effect (whether long-term or otherwise) of the offence on the person in respect of whom the offence was committed.

(2) This section applies to—

(a) a sexual offence within the meaning of the Criminal Evidence Act 1992 (as amended by the Criminal Law (Sexual Offences) Act 2006),

(b) an offence involving violence or the threat of violence to a person, and

(c) an offence consisting of attempting or conspiring to commit, or aiding, abetting, counselling, procuring or inciting the commission of, an offence mentioned in paragraph (a) or (b) of this subsection.

(3) Where a military judge is determining the punishment to be awarded to a person for an offence to which this section applies, the military judge shall, upon application by the person in respect of whom the offence was committed, hear the evidence of the person in respect of whom the offence was committed as to the effect of the offence on that person.”.

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

54.— The following subsection is substituted for subsection (1) of section 206 of the Principal Act:

“(1) Subject to section 212A, every term of imprisonment or detention to which a person is sentenced by a court-martial, whether the person is already undergoing sentence or not, shall, save as otherwise expressly provided in this Act, be reckoned to commence on the day on which the sentence is signed by the military judge presiding at the court-martial or on such earlier date as the military judge may direct.”.

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

55.— The following subsection is substituted for subsection (3) of section 207 of the Principal Act:

“(3) For the purposes of this section and section 208 (except subsection (2) of section 208), references to a court-martial shall be deemed to include an officer taking a written summary of evidence in accordance with rules of procedure.”.

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

56.— Section 208 of the Principal Act is amended—

(a) in subsection (1)—

(i) by inserting the following after paragraph (b)—

“(ba) fails, neglects or refuses to comply with a direction of the military judge under section 195, or

(bb) wilfully gives evidence to a court-martial which is material to the court-martial and which he knows to be false or does not believe to be true, or

(bc) by act or omission, obstructs or hinders the court-martial in the performance of its functions, or”,

(ii) by substituting the following for paragraph (c):

“(c) does or omits to do any other thing, which, if the court-martial were a civil court having power to commit for contempt, would be contempt of that court,”,

and

(iii) by substituting “€3,000” for “£1,000”,

(b) by inserting the following after subsection (1):

“(1A) A prosecution for an offence under this section may be brought only by or with the consent of the Director of Public Prosecutions.”,

and

(c) in subsection (2), by substituting the following for paragraph (a):

“(a) If any person subject to military law is guilty of contempt of a court-martial by using insulting or threatening language or by causing any interruption or disturbance in the proceedings of the court-martial, the military judge presiding at the court-martial, if he considers it expedient, instead of the offender being tried by court-martial, may by order under his hand—

(i) order the offender to be imprisoned, or, in the case of a man, to undergo detention, for a period not exceeding ninety days, or

(ii) where the offender is a person subject to military law as an officer under section 118(1)(a), (b) or (c), award a fine not exceeding fourteen days’ pay at the most recent rate payable, or

(iii) where the offender is a person subject to military law as an officer under section 118(1)(d) or (e), award a fine not exceeding the maximum fine awardable for the time being by a court-martial to an officer holding the rank of second lieutenant who is in receipt of the maximum pay applicable to that rank, or

(iv) where the offender is a person subject to military law as a man under section 119(a) or (b), award a fine of an amount not exceeding fourteen days’ pay at the most recent rate payable, or

(v) where the offender is a person subject to military law as a man under section 119(c) or (d), award a fine not exceeding the maximum fine awardable for the time being by a court-martial to a man holding the rank of private of the highest grade who is in receipt of the maximum pay applicable to that rank.”.

Chapter 5 Punishments awardable by Courts-martial for Offences against Military Law

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

57.— Section 209 of the Principal Act is amended—

(a) by substituting the following for subsection (1):

“(1) Subject to section 192, punishments may be awarded in respect of offences against military law committed by persons subject to military law as officers and convicted by court-martial according to the following scale:

SCALE.

A. Imprisonment for life or any specified period.

B. Dismissal with disgrace from the Defence Forces.

C. Dismissal from the Defence Forces.

D. Where the person convicted is an officer, reduction to any lower commissioned rank.

E. Forfeiture of all seniority of rank or of a specified term of seniority.

F. Reduction to any lower point on the scale of pay for the rank held.

G. (a) In the case of a person subject to military law as an officer under section 118(1)(a), (b) or (c), a fine not exceeding fourteen days’ pay of the person at the most recent rate payable.

(b) In the case of a person subject to military law as an officer under section 118(1)(d) or (e), a fine not exceeding the maximum fine awardable for the time being by a court-martial to an officer holding the rank of second lieutenant who is in receipt of the maximum pay applicable to that rank.

(c) In the case of a person who is not a member of the Defence Forces but who was an officer when the offence was committed, a fine not exceeding an amount equal to fourteen days’ pay at the most recent rate applicable to his former rank.

H. Severe reprimand.

I. Reprimand.”,

(b) by substituting the following for subsection (5):

“(5) (a) Where an officer is sentenced to a term of imprisonment of more than six months, the military judge shall, in addition, sentence him to dismissal with disgrace from the Defence Forces or dismissal from the Defence Forces.

(b) Where an officer is sentenced to a term of imprisonment of six months or less (other than under section 208(2)), the military judge may, in addition, sentence him to dismissal with disgrace from the Defence Forces or dismissal from the Defence Forces or reduction to any lower commissioned rank.”,

(c) by substituting the following for subsection (6A) (inserted by the Defence (Amendment) Act 1987):

“(6A) An officer sentenced by a court-martial to reduction in rank may, in addition, be sentenced to—

(a) reduction to any lower point on the scale of pay for that rank and forfeiture of a specified term of seniority or all seniority in respect of the rank to which the officer is sentenced to be reduced, or

(b) to a fine or severe reprimand or reprimand,

or both.”,

(d) by substituting the following for subsection (7):

“(7) An officer sentenced by a court-martial to forfeiture of seniority of rank may, in addition, be sentenced to reduction to any lower point on the scale of pay for the rank held, or to a fine or severe reprimand or reprimand.”,

(e) by inserting the following after subsection (7):

“(7A) An officer sentenced by a court-martial to reduction to a lower point on the scale of pay for the rank held may, in addition, be sentenced to a fine or severe reprimand or reprimand.”,

and

(f) in subsection (8), by substituting “disgrace” for “ignominy”.

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

58.— Section 210 of the Principal Act is amended—

(a) by substituting the following for subsection (1):

“(1) Subject to section 192, punishments may be awarded in respect of offences against military law committed by persons subject to military law as men and convicted by court-martial according to the following scale:

SCALE.

A. Imprisonment for life or any specified period.

B. Discharge with disgrace from the Defence Forces.

C. Discharge from the Defence Forces.

D. Detention—

(a) in the case of a general court-martial or limited court-martial, for any term not exceeding two years,

(b) in the case of a summary court-martial, for any term not exceeding six months,

with or without forfeiture of all pay or any part thereof.

E. Where the person convicted is a non-commissioned officer, reduction to any lower non-commissioned rank.

F. Forfeiture of all seniority of rank or of a specified term of seniority.

G. Reduction to any lower point on the scale of pay for the rank held.

H. (a) In the case of a person subject to military law as a man under section 119(a) or (b), a fine of an amount not exceeding fourteen days’ pay of the person at the most recent rate payable.

(b) In the case of a person subject to military law as a man under section 119(c) or (d), a fine not exceeding the maximum fine awardable for the time being by a court-martial to a man holding the rank of private of the highest grade who is in receipt of the maximum pay applicable to that rank.

(c) In the case of a person who is not a member of the Defence Forces but who was a non-commissioned officer, private or seaman when the offence was committed, a fine not exceeding an amount equal to fourteen days’ pay at the most recent rate applicable to his former rank.

I. Severe reprimand.

J. Reprimand.”,

(b) by deleting subsection (5),

(c) by substituting the following for subsection (6):

“(6) Where a man is sentenced to a term of imprisonment exceeding six months, the military judge shall, in addition, sentence him to discharge with disgrace from the Defence Forces or discharge from the Defence Forces.”,

(d) by substituting the following for subsection (7):

“(7) Where a man is sentenced to a term of imprisonment of six months or less (other than under section 208(2)), the military judge may, in addition, sentence him to discharge with disgrace from the Defence Forces or discharge from the Defence Forces.”,

(e) by substituting the following for subsection (8):

“(8) A non-commissioned officer sentenced by a court-martial to a punishment mentioned at F or G in the Scale to subsection (1) of this section may, in addition, be sentenced to a fine or severe reprimand or reprimand.”,

(f) by inserting the following after subsection (8):

“(8A) A non-commissioned officer sentenced by a court-martial to reduction in rank may, in addition, be sentenced to—

(a) reduction to any lower point on the scale of pay for that rank and forfeiture of a specified term of seniority or all seniority in respect of the rank to which he is sentenced to be reduced, or

(b) to a fine or severe reprimand or reprimand,

or both.”,

and

(g) in subsection (11), by substituting “disgrace” for “ignominy”.

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

59.— The following section is substituted for section 211 of the Principal Act:

“Separate sentence for each offence.

211.— (1) Where a person is convicted by a court-martial of two or more offences, a separate sentence shall be awarded in respect of each offence.

(2) Subject to section 212A, where a person is convicted by a court-martial in respect of two or more offences, any custodial sentences awarded in respect of each such offence shall be served concurrently.”.

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

60.— The following section is inserted after section 211 of the Principal Act:

“Restriction on sentence of imprisonment or detention on person who is not represented.

211A.— (1) Subject to subsection (2) of this section, a person convicted by a court-martial of an offence against military law shall not be sentenced to imprisonment or dismissal or discharge with disgrace from the Defence Forces or dismissal or discharge from the Defence Forces where the person has not been represented by counsel (within the meaning of section 196) at some time after he is found guilty and before he is sentenced.

(2) Subsection (1) of this section shall not apply where the person—

(a) pursuant to rules of procedure, having been informed of his right to be represented by counsel and having had the opportunity to arrange such representation, refused or failed to do so, or

(b) has previously been sentenced to imprisonment for an offence under this Act or by a civil court in the State.

(3) For the purposes of subsection (2)(b) of this section—

(a) a previous sentence of imprisonment which has been suspended and has not taken effect is to be disregarded,

(b) ‘sentenced to imprisonment’ does not include a committal for contempt of court under section 208.”.

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

61.— The following section is inserted after section 212 of the Principal Act:

“Power to suspend sentence.

212A.— (1) In this section—

‘ governor ’ includes, in relation to a military prisoner or a person undergoing detention, a person for the time being performing the functions of governor;

‘ imprisonment ’ includes—

(a) detention in a military prison or detention barrack or in other service custody or in a public prison, as referred to in section 229 of this Act,

(b) detention in Saint Patrick’s Institution,

(c) detention in a place provided under section 2 of the Prisons Act 1970, and

(d) detention in a place specified under section 3 of the Prisons Act 1972,

and ‘ sentence of imprisonment ’ shall be construed accordingly;

‘ mandatory term of imprisonment ’ includes, in relation to an offence, a term of imprisonment awarded by a court-martial under this Act or any other enactment where provision is made that a person who is guilty of the offence concerned shall be liable to a term of imprisonment of not less than such term as is specified in this Act or that enactment.

(2) Where a person is sentenced by a court-martial in respect of an offence to a term of imprisonment (other than a mandatory term of imprisonment) or to detention, the military judge presiding at the court-martial may make an order suspending the execution of the sentence in whole or in part, subject to the person entering into a recognisance to comply with the conditions of, or imposed in relation to, the order.

(3) It shall be a condition of an order under subsection (2) of this section that the person in respect of whom the order is made keep the peace and be of good behaviour during—

(a) the period of suspension of the sentence concerned, or

(b) in the case of an order that suspends a sentence in part only, the period of imprisonment or detention and the period of suspension of the sentence concerned,

and that condition shall be specified in the order concerned.

(4) The military judge may, when making an order under subsection (2) of this section, impose such conditions in relation to the order as he considers—

(a) appropriate having regard to the nature of the offence, and

(b) will reduce the likelihood of the person in respect of whom the order is made committing any other offence,

and any condition imposed in accordance with this subsection shall be specified in that order.

(5) In addition to any condition imposed under subsection (4) of this section, the military judge may, when making an order under subsection (2) of this section consisting of the suspension in part of a sentence of imprisonment or detention, impose any one or more of the following conditions in relation to that order:

(a) that the person cooperate with such support services, and to such extent, as may be specified by the military judge;

(b) that the person undergo such—

(i) treatment for addiction,

(ii) course of education, training or therapy,

(iii) psychological counselling or other treatment,

as may be approved by the military judge.

(6) A condition imposed under subsection (5) of this section shall be specified in the order concerned.

(7) Where an order is made under subsection (2) of this section, a copy of the order shall be given by the Court-Martial Administrator—

(a) to the commanding officer of the person to whom the order applies and the Provost Marshal, or

(b) in the case of an order consisting of the suspension of a sentence of imprisonment or detention in part only, to the persons referred to in paragraph (a) of this subsection, to the governor of the prison or detention barrack to which the person is committed and to such other person, authority or support services as the military judge may direct having regard to the conditions (if any) imposed under subsection (5) of this section.

(8) (a) Where a person to whom an order under subsection (2) of this section applies is, during the period of suspension of the sentence concerned, convicted by a court-martial of an offence, the military judge presiding at the court-martial before which proceedings for the offence were brought shall, after imposing sentence for that offence, remand the person in custody or otherwise to appear before a court-martial of the same class as that which made the order.

(b) Where a person is remanded pursuant to paragraph (a) of this subsection, the Court-Martial Administrator shall, subject to the directions of the Director—

(i) refer the matter to the summary court-martial, or

(ii) convene a general court-martial or limited court-martial, as specified in the direction, but without a court-martial board,

to deal with the matter.

(9) (a) A summary court-martial or the military judge presiding at a general court-martial or limited court-martial, as the case may be, to which a person is remanded under subsection (8) of this section shall revoke the order unless the military judge considers that revocation of that order would be unjust in all the circumstances of the case.

(b) Where the military judge revokes that order, the person shall be required to serve the entire of the sentence of imprisonment or detention originally awarded, or such part of the sentence as the military judge considers just having regard to all the circumstances of the case, less any period of that sentence already served and any period spent in custody (other than a period during which the person was serving a sentence of imprisonment or detention in respect of an offence referred to in subsection (8) of this section) pending revocation of the said order.

(10) Notwithstanding the provisions of section 211 or of any other section of this Act, a sentence (other than a sentence consisting of imprisonment for life) awarded—

(a) in respect of an offence committed by a person to whom an order under subsection (2) of this section applies, and

(b) during the period of suspension of sentence to which that order applies,

shall not commence until the expiration of any period of imprisonment or detention that the person is required to serve of the sentence referred to in paragraph (b) of this subsection either by virtue of the order under subsection (2) or a revocation under subsection (9) of this section.

(11) Where the Provost Marshal or, as the case may be, the governor of the prison or detention barrack to which a person was committed has reasonable grounds for believing that a person to whom an order under this section applies has contravened a condition referred to in the order he shall refer the matter to the Director who may—

(a) subject to the court-martial being of the same class as that which made the order, direct the Court-Martial Administrator to—

(i) refer the matter to the summary court-martial, or

(ii) convene a general court-martial or limited court-martial, as specified in his direction, but without a court-martial board,

and

(b) apply in the prescribed manner to that court-martial to fix a date for the hearing of an application for an order revoking the order under subsection (2) of this section.

(12) Where a date for the hearing of an application referred to in subsection (11) of this section is fixed, the person in respect of whom the application will be made, or where that person is in prison or a detention barrack, the governor of the prison or detention barrack, shall be notified in writing in the prescribed manner, and the notice shall require the person to attend at the hearing, or require the said governor to produce the person before the court-martial, on the date and at the time specified in the notice.

(13) A notice under subsection (12) of this section shall be addressed to the person concerned by name, and may be given to the person in the prescribed manner.

(14) If a person who is not in prison or a detention barrack fails to appear before the court-martial in accordance with a requirement contained in a notice under subsection (12) of this section, the military judge presiding at the court-martial concerned may make an order for the arrest of the person.

(15) The military judge presiding at the court-martial shall, where he is satisfied that a person to whom an order under subsection (1) of this section applies has contravened a condition of the order, revoke the order unless he considers that revocation of that order would be unjust in all of the circumstances of the case, and where the military judge revokes that order, the person shall be required to serve the entire of the sentence originally awarded, or such part of the sentence as the military judge considers just having regard to all of the circumstances of the case, less any period of that sentence already served in prison or in a detention barrack and any period spent in custody pending the revocation of the order.

(16) The revocation of an order under subsection (9) or (15) of this section shall for the purposes of this Act and the Courts-Martial Appeals Act 1983 be deemed to be a sentence of a court-martial.”.

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

62.— The following section is inserted after section 212A (inserted by section 61) of the Principal Act:

“Review of certain sentences.

212B.— (1) If it appears to the Director that a sentence awarded by a court-martial, on conviction of a person for an offence in respect of which punishment for a term of imprisonment of two years or for any longer period is awardable by the court-martial, is unduly lenient, the Director may apply to the Courts-Martial Appeal Court to review the sentence in accordance with section 22B (inserted by the Defence (Amendment) Act 2007) of the Courts-Martial Appeals Act 1983 and rules of court made under that Act.

(2) Section 161(2)(ea) (which prohibits certain communications in relation to proceedings before a service tribunal) shall apply, with any necessary modifications, to communications made to the persons mentioned in that section for the purpose of influencing the making of a decision in relation to an application under this section as it applies to those communications made for the purposes specified in that provision.”.

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

63.— The following section is substituted for section 213 of the Principal Act:

“Order for payment of compensation.

213.— (1) Where—

(a) a person subject to military law is convicted by a court-martial of an offence against military law, and

(b) the offence occasioned any personal injury, expense or loss or destruction of, or damage to, any property,

the military judge presiding at the court-martial may, instead of or in addition to any other punishment which he is authorised by this Act to award in respect of the offence, order that there shall be paid by the person convicted compensation for the personal injury, expense, loss, damage or destruction so occasioned to any person (in this Act referred to as the ‘ injured party ’) who has suffered such personal injury, expense, loss, damage or destruction.

(2) The compensation payable under this section shall be of such amount as the military judge considers appropriate, having regard to any evidence and to any representations that are made by or on behalf of the convicted person, the injured party or the Director and, subject to the relevant maximum amounts specified in subsection (3) of this section, shall not exceed the amount of the damages that, in the opinion of the military judge, the injured party would be entitled to recover in a civil action against the convicted person in respect of the injury, expense, loss, damage or destruction concerned.

(3) In this section ‘ relevant maximum amount ’ means—

(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 the Civil 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 the Courts-Martial Appeals Act 1983, be deemed to be a sentence of a court-martial.”.

64. Insertion of new section: payment of fine.

64.— The following section is inserted after section 213 of the Principal Act:

“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.”.

Chapter 6 Action on Findings and Sentences of Courts-martial

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

65.— The following section is substituted for section 225 of the Principal Act:

“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).”.

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

66.— The following section is substituted for section 226 of the Principal Act:

“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 7 Execution of Sentences

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

67.— Section 229 of the Principal Act is amended—

(a) in subsection (1), by substituting “Subject to section 212A, where a sentence of imprisonment is passed by a court-martial,” for “Where a sentence of imprisonment is passed by a court-martial and confirmed,”,

(b) in subsection (2), by substituting “Subject to section 212A, where a sentence of detention is passed by a court-martial,” for “Where a sentence of detention is passed by a court-martial and confirmed, or is passed by a commanding officer,”, and

(c) in subsection (3), by substituting “Subject to section 212A, a military prisoner” for “A military prisoner”.

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

68.— Section 231 of the Principal Act is amended—

(a) in subsection (1), by substituting “military prisoners” for “prisoners”, and

(b) by substituting the following for subsection (2):

“(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.”.

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

69.— Section 233 of the Principal Act is amended by substituting the following for subsection (2A) (inserted by the Criminal Justice Act 1990):

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

Chapter 8 Rules of Procedure and Court-martial Rules

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

70.— Section 240 of the Principal Act is amended by substituting the following for subsection (1):

“(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).”.

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

71.— (1) The following sections are inserted after section 240 but in Chapter IX of the Principal Act:

“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.

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.

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

(2) The Schedule set out in Schedule 7 is inserted after the Eleventh Schedule (inserted by section 20) to the Principal Act.

SCHEDULE 1 Saving and Transitional Provisions

Offences committed before commencement of this Act.

Person remanded for trial by court-martial.

Election for trial by court-martial.

(a) a charge is being dealt with summarily under section 177 or 178, as the case may be, and

(b) the person charged has not yet been asked in accordance with that section, as appropriate, whether the person elects to have the charge disposed of summarily or to be tried by court-martial,

then, section 177B or 178B, as the case may be, of the Principal Act shall have effect as if that section required the authorised officer or commanding officer, as appropriate, to afford the person charged the opportunity of electing for trial by court-martial in relation to the charge before continuing to dispose of it summarily.

(2) Any election for trial by court-martial made before the commencement of Chapter 3 of Part 3 shall be treated on or after that date as if made under section 177B or 178B of the Principal Act, as appropriate.

Appeals to summary court-martial.

(2) Sections 179D and 179E of the Principal Act shall only apply to determinations made, punishments awarded and compensation orders made after the coming into operation of Chapter 3of Part 3.

Application of section 180 of Principal Act.

SCHEDULE 2 Amendments to Principal Act

Provision affected	Amendment
(1)	(2)
Section 50	Insert the following subsection after subsection (3): “(4) This section shall not apply to a military judge.”.
Section 81(1)(c)	Substitute “disgrace” for “ignominy”.
Section 126(2)	(a) In paragraph (a), substitute “under the influence of an intoxicant” for “drunk”. (b) In subparagraph (ii), substitute “disgrace” for “ignominy”.
Section 139	Substitute “disgrace” for “ignominy”.
Section 152	Substitute “service aircraft or service aircraft material” for “an aircraft or aircraft material”.
Section 159	(a) In subsection (1)(c), substitute “under the influence of an intoxicant” for “drunk”. (b) Substitute the following for subsection (2): “(2) For the purposes of paragraph (c) of subsection (1) of this section a person shall be deemed to have been under the influence of an intoxicant while driving or attempting to drive a service vehicle if— (a) the officer investigating the charge under Chapter IV of this Part, or (b) the summary court-martial or, in the case of a general court-martial or limited court-martial, the court-martial board, is satisfied that such person was, by reason of the taking by him of an intoxicant, in such a condition that he was incapable of exercising effective control of such vehicle while in motion.”.
Section 169(3)(g)	Substitute “disgrace” for “ignominy”.
Section 175(1)(b)(iii)	Delete “and the finding has been confirmed”.
Section 183(2)	Substitute “€2,000” for “£100”.
Section 196	(a) In subsection (4), substitute “military judge” for “president of the court-martial”. (b) In subsection (5), substitute “military judge” for “president” in each place where it occurs.
Section 200(1)	Delete “president or other”.
Section 204	Delete “shall not require confirmation or be subject to revision and”.
Section 206(2)(a) and (c)	Substitute “disgrace” for “ignominy”.
Section 239(2)	(a) Insert “or air” after “sea” in each place where it occurs. (b) Insert “or aircraft” after “ship” in each place where it occurs.
Section 242(1)	Substitute “€2,000” for “£250”.
Section 243(2)(b)	Substitute “€2,000” for “£250”.
Section 244	Substitute “shall be evidence, until the contrary is shown,” for “shall be conclusive evidence”.
Section 245	Substitute “€2,000” for “£250”.
Section 248	(a) Insert “or, where relevant, in proceedings under Chapter IV of this Part” after “civil court”. (b) In paragraphs (e) and (f), substitute “(whether printed or made available by electronic means or otherwise in non-legible form which is capable of being reproduced in permanent legible form)” for “(whether printed or cyclostyled)” in each place where it occurs.
Section 249(2)	Substitute “a member of the Reserve Defence Force” for “a man of the Reserve Defence Force”.
Section 250	(a) In subsection (1), substitute “military judge” for “president thereof”. (b) In subsection (2), delete “and the action of the confirming authority thereon”.

SCHEDULE 3 References to Ignominy in certain Act and Instruments

PART 1

Act	Provision affected	Amendment
(1)	(2)	(3)
Superannuation Act 1887	Section 3 (as amended by the Civil Service Superannuation Regulations 1980 (S.I. No. 188 of 1980))	In subsection (2)(b)(i)(I), substitute “disgrace” for “ignominy”.

PART 2

Instrument	Provision affected	Amendment
(1)	(2)	(3)
Local Government (Superannuation) (Consolidation) Scheme 1998 (S.I. No. 455 of 1998)	Articles 9(1)(j)(I)(A), 33(1)(h)(I)(A), 63(1)(j)(I)(A) and 88(1)(h)(I)(A)	Substitute “disgrace” for “ignominy” in each place where it occurs.
Rules of Procedure (Defence Forces) 1954 (S.I. No. 243 of 1954)	Rule 63(1) (as amended by the Rules of Procedure (Defence Forces) 1987 (S.I. No. 245 of 1987))	In paragraphs (a) and (d) substitute “disgrace” for “ignominy” in each place where it occurs.
Secondary Teachers’ Superannuation (Amendment) Scheme 1954 (S.I. No. 234 of 1954)	Paragraph 11(2)(a)(i) and (b)(i)	Substitute “disgrace” for “ignominy” in each place where it occurs.
National School Teachers’ Superannuation (Amendment) Scheme 1947 (S.I. No. 330 of 1947)	Paragraph 5(6)(a)(i) and (b)(i)	Substitute “disgrace” for “ignominy” in each place where it occurs.

SCHEDULE 4 Miscellaneous Amendments to other Acts

PART 1 Amendments to Courts-Martial Appeals Act 1983

Provision affected	Amendment
(1)	(2)
Section 13	(a) Delete “(when confirmed)”. (b) Renumber the existing provision as subsection (1) of that section. (c) Insert the following subsection: “(2) A person in respect of whom a finding or order of committal is made under section 202 or 203 of the Act of 1954 may appeal that finding or order of committal to the Court.”.
Section 17	(a) In subsection (1), substitute “military judge presiding at the court-martial” for “president or the judge-advocate of the court-martial”. (b) Delete subsection (2).
Section 19	Insert “(other than an appeal under sections 203B to 203D (inserted by the Defence (Amendment) Act 2007) of the Act of 1954)” after “If on any appeal”.
New sections	Insert the following sections after section 19: “Appeals (mental disorder at time of trial). 19A.—Where an appeal is made to the Court under section 203B (inserted by the Defence (Amendment) Act 2007) of the Act of 1954 from a finding by a court-martial pursuant to section 202 of that Act, the Court shall, if it allows the appeal, order that the appellant be tried or retried, as the case may be, by court-martial for the offence alleged. Appeals (mental disorder at time of commission of offence). 19B.—(1) A person tried for an offence by court-martial and found not guilty by reason of insanity may appeal to the Court against the finding on all or any of the following grounds: (a) that it was not proved that the person did the act or made the omission in question; (b) that the person was not, at the time when he did the act or made the omission, suffering from a mental disorder of the nature referred to in section 203(1) of the Act of 1954; (c) that the military judge ought to have made a finding in respect of the person that he was unfit to take his trial. (2) If on an appeal to the Court on the ground referred to in subsection (1)(a) of this section, the Court is satisfied that it was not established that the appellant did the act or made the omission in question it shall order that the appellant be acquitted. (3) If, on an appeal to the Court on the ground referred to in subsection (1)(b) of this section, the Court is satisfied that the appellant did the act or made the omission alleged but having considered the evidence or any new evidence relating to the mental condition of the appellant given by a consultant psychiatrist is satisfied that he was not suffering from a mental disorder of the nature referred to in section 203(1) of the Act of 1954, the Court shall substitute a verdict of guilty of the offence charged or of any other offence of which it is satisfied that the person could (by virtue of the charge) and ought to have been convicted, and shall have the like powers of punishing or otherwise dealing with the person as the court-martial concerned would have had if the person had been convicted of the offence in respect of which the verdict of guilty has been so substituted.
	(4) If, on appeal to the Court on the ground set out at subsection (1)(c) of this section, the Court is satisfied that the appellant ought to have been found unfit to take his trial it shall make a finding to that effect and, in that case the provisions of section 202(1)(b) of the Act of 1954 shall apply. (5) If on appeal to the Court, the Court is satisfied, having considered the evidence or any new evidence relating to the mental condition of the appellant, that he was at the time that the offence alleged was committed suffering from a mental disorder of the nature referred to in section 203(1) of the Act of 1954 and that but for that disorder the appellant would have been found guilty of the offence charged or of another offence of which the person could have been found guilty by virtue of the charge, the Court shall dismiss the appeal. (6) In this section and in section 19C of this Act ‘consultant psychiatrist’ has the same meaning as in the Mental Health Act 2001. Appeals (supplementary provisions). 19C.—(1) Where an appeal is made to the Court against a decision by a court-martial to make or not to make an order of committal under section 202(1)(b) or 203(2) of the Act of 1954, the Court may, having considered the evidence or any new evidence relating to the mental condition of the person charged given by a consultant psychiatrist, make such order, being an order that it was open to the court-martial to make, as it considers appropriate and, without prejudice to the provisions of section 13 of the Criminal Law (Insanity) Act 2006 relating to the review of orders of committal, no further appeal shall lie from an order made on an appeal under this section. (2) Where the Court allows an appeal against a conviction or against a verdict of not guilty by reason of insanity on the ground that the appellant ought to have been found unfit to take his trial, or allows an appeal against a conviction on the ground that the appellant ought to have been found not guilty by reason of insanity, it shall have the same powers to deal with the appellant as the court-martial concerned would have had under section 202 or 203 of the Act of 1954 if it had come to the same conclusion. (3) All ancillary and procedural provisions contained in a statute or an instrument made under statute relating to appeals against convictions, including provisions relating to leave to appeal, shall apply with the necessary modifications to appeals under sections 19A and 19B of this Act and subsection (1) of this section.
	(4) The powers of the Court in an appeal under section 19A or 19B of this Act or subsection (1) of this section shall include the power to make any such order as may be necessary for the purpose of doing justice in accordance with the provisions of this Act and the Criminal Law (Insanity) Act 2006.”.
Section 22	Substitute “the Director of Military Prosecutions” for “the person who convened the court-martial by which the appellant was tried or by his successor in office duly empowered to convene courts-martial”.
New sections	Insert the following sections after section 22: “Case stated for the Court on question of law. 22A.—Where an appeal is made to the summary court-martial under section 178E (inserted by the Defence (Amendment) Act 2007) of the Act of 1954, the military judge— (a) shall, if requested by the appellant or the respondent, unless the military judge considers the request frivolous, and (b) may, without request, refer any question of law arising in that appeal to the Court for determination in accordance with this Act. Review of certain sentences. 22B.—(1) An application by the Director of Military Prosecutions under section 212B (inserted by theDefence (Amendment) Act 2007) of the Defence Act 1954 to review a sentence awarded by a court-martial shall be made, on notice given to the convicted person, within 28 days or such longer period not exceeding 56 days as the Court may, on application to it in that behalf, determine, from the day on which the sentence was awarded. (2) On such an application, the Court may either— (a) quash the sentence and in its place award to the convicted person the sentence it considers appropriate, being a sentence which could have been awarded to him by the court-martial concerned, or (b) refuse the application.”.
Section 26	Substitute the following for paragraph (b): “(b) any of the provisions of the Act of 1954 or any instrument made under that Act permit the accused to be represented by counsel or by a solicitor at the investigation of the charge or the taking down of the evidence pursuant to any such provisions or instrument (or at both such investigation and such taking down of evidence),”.
Section 27	(a) In subsection (1)— (i) substitute the following for paragraph (a): “(a) a person (in this section referred to as ‘the accused’)— (i) is, at the direction of the Director of Military Prosecutions, to be tried by court-martial, or (ii) appeals to the summary court-martial pursuant to section 178E (inserted by the Defence (Amendment) Act 2007) of the Act of 1954, and”, and (ii) insert “or of his appeal, as the case may be,” after “the trial”. (b) In subsection (2)(c)(ii)— (i) insert “or appeal, as the case may be” after “set up”, and (ii) insert “or of his appeal, as the case may be” after “trial”.
New section	Insert the following section after section 27: “Legal aid (case stated) certificate. 27A.—(1) Where— (a) a person appeals to the summary court-martial under section 178E (inserted by the Defence (Amendment) Act 2007) of the Act of 1954 and the military judge before whom the appeal is heard refers a question of law arising in the proceedings to the Court pursuant to section 22A of this Act, and (b) a certificate for free legal aid (in this Part of this Act referred to as ‘a legal aid (case stated) certificate’) is granted in respect of the person by the prescribed authority or under subsection (3) of this section, the person shall be entitled to free legal aid in the preparation and conduct of his case in relation to the case stated and to have a solicitor and counsel assigned to him for that purpose in such manner as may be prescribed by regulations under section 33 of this Act. (2) A legal aid (case stated) certificate shall be granted in respect of the person concerned if (but only if)— (a) application is made therefor, (b) it appears to the prescribed authority that the means of the person are insufficient to enable him to obtain legal aid, and (c) it appears to the prescribed authority that, by reason of the serious nature of the offence with which the person is charged or of exceptional circumstances, it is essential in the interests of justice that a legal aid (case stated) certificate should be granted in respect of the person. (3) Where, in relation to a case stated, a person is refused a legal aid (case stated) certificate by the prescribed authority, he may apply for the certificate to the Court either— (a) by letter addressed to the registrar of the Court setting out the facts of the case and the grounds of the application, or (b) to the Court itself, and the Court shall grant the certificate if (but only if)— (i) it appears to the Court that the means of the person are insufficient to enable him to obtain legal aid, and
	(ii) it appears to the Court that, by reason of the serious nature of the offence with which the person is charged or of exceptional circumstances, it is essential in the interests of justice that a legal aid (case stated) certificate should be granted in respect of the person.
Section 28(1)	(a) Substitute the following for paragraph (a): “(a) a person (in this section referred to as ‘the accused’)— (i) is convicted by a court-martial, or (ii) is found to be unfit to take his trial pursuant to section 202 of the Act of 1954, or (iii) is found not guilty by reason of insanity pursuant to section 203 of the Act of 1954, and”. (b) Insert “or against a decision by a court-martial to make or not to make an order of committal under section 202(1)(b) or section 203(2) of the Act of 1954” after “and such sentence”.
Section 34	In subsection (1), substitute “€2,000” for “£100”.

PART 2 Amendments to Defence (Amendment) Act 1987

Provision affected	Amendment
(1)	(2)
Section 8	(a) In subsection (1), substitute “military judge presiding at” for “president of”. (b) Substitute the following for subsection (3): “(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.”. (c) In subsection (4), substitute “€2,000” for “£100”.

PART 3 Amendment to Criminal Evidence Act 1992

Provision affected	Amendment
(1)	(2)
Section 1	In subsection (4)(b)(iii) substitute “Chapter IV of Part V” for “section 177 or 178 (as amended by section 3 of the Defence (Amendment) Act 1987)”.

PART 4 Amendments to Ombudsman (Defence Forces) Act 2004

Provision affected	Amendment
(1)	(2)
Section 5(1)	(a) In paragraph (b), substitute “Chapter IV of Part V of the Act of 1954” for “section 179”. (b) In paragraph (e), substitute the following for subparagraph (i): “(i) involving the exercise of the right or power referred to in Article 13.6 of the Constitution or the remission of any forfeiture or punishment awarded under Chapter IV of Part V of the Act of 1954, by a court-martial or by the Courts-Martial Appeal Court, or”.

PART 5 Amendments to Criminal Law (Insanity) Act 2006

Provision affected	Amendment
(1)	(2)
Section 13	(a) Substitute the following for subsection (3)(b): “(b) Where the clinical director of a designated centre forms the opinion in relation to a patient detained pursuant to section 202 of the Defence Act 1954, that the patient is no longer unfit to take his or her trial he or she shall forthwith notify the Director of Military Prosecutions (within the meaning of that Act) of this opinion and the Director of Military Prosecutions may direct— (i) that the matter be referred to the summary court-martial or that the Court-Martial Administrator convene a general court-martial or limited court-martial, as specified in the direction, and (ii) that the person be brought before such court-martial as soon as may be to be dealt with as the court-martial considers proper.”. (b) Substitute the following for subsection (8)(a): “(a) if, having heard evidence relating to the mental condition of the patient given by the consultant psychiatrist responsible for his or her care or treatment, the Review Board determines that he or she is no longer unfit to be tried by reason of mental disorder or to participate in proceedings referred to in section 4 it shall order that the patient be brought before the court which committed him or her to the designated centre to be dealt with as that court thinks proper or in the case of a patient detained pursuant to section 202 of the Defence Act 1954, it shall notify the Director of Military Prosecutions (within the meaning of that Act) and the Director of Military Prosecutions may direct— (i) that the matter be referred to the summary court-martial or that the Court-Martial Administrator convene a general court-martial or limited court-martial, as specified in the direction, and (ii) that the person be brought before such court-martial as soon as may be to be dealt with as the court-martial considers proper.”.

SCHEDULE 5 Scheduled Offences

“ELEVENTH SCHEDULE

PART I

Provision of Principal Act	Offence
(1)	(2)
Section 133	Insubordinate behaviour
Section 134	Disorders
Section 137	Absence without leave
Section 138	False statement in respect of leave
Section 142	Prohibition on being under the influence of an intoxicant
Section 160	Unauthorised use of service vehicles
Section 168	Conduct to the prejudice of good order and discipline

PART II

Provision of Principal Act	Offence
(1)	(2)
Section 131	Disobedience to superior officer
Section 136	Connivance at desertion
Section 141	False accusation against officer or man
Section 144	Dilatory conduct in regard to trials
Section 145	Negligent or wilful interference with lawful custody
Section 147	Obstruction of officer or man carrying out police duties
Section 150	Unauthorised carriage on ships or aircraft
Section 157	Destruction, loss or improper disposal of property
Section 159	Negligent or furious driving of service vehicles
Section 164	Fraudulent enlistment
Section 165	General offences in relation to enlistment
Section 166	Negligent performance of duties
Section 167	Offences in relation to documents

”.

SCHEDULE 6 Amendments Consequential on Section 20