S.I. No. 204/2008 - Rules of Procedure (Defence forces) 2008

• (7) When assembled, a court of inquiry shall normally sit from day to day. It may, however, adjourn from time to time and from place to place as may be necessary.

Procedure where reputation is adversely affected

59.

• (2) Whenever it appears probable that the reputation of a person may be affected adversely as the result of a court of inquiry, the convening authority shall take all necessary steps to ensure that such person is given the notice required by, and afforded a full opportunity of availing himself or herself of his or her rights under, sub-rule (1). The responsibility for ensuring that such opportunity is in fact afforded to such person shall rest upon the president of the court.

• (3) If during the sittings of the court the reputation of any person is affected adversely by any evidence tendered to the court, the president shall immediately arrange that such person is given notice of that evidence and a full opportunity is afforded to such person to avail himself or herself of his or her rights under sub-rule (1) and shall, where necessary, adjourn the court for the purpose of securing the attendance of such person or for affording to him or her his or her said rights.

Signature of proceedings or findings

60.

Transmission of proceedings

61.

• (2) So many copies of the proceedings, exhibits, findings or declaration as may be required by the convening authority shall also be forwarded by the president of the court to that authority within such time as may have been specified by him or her.

Re-assembly

62.

When proceedings of court of inquiry admissible in evidence

63.

Findings not admissible in evidence

64.

When copy of proceedings and findings to be furnished

65.

• (2) A person subject to military law shall be entitled to a copy of the proceedings and findings of a court of inquiry on request by him or her where:—

• (a) he or she is to be tried by court-martial (except as provided in sub-rule (1)) in respect of any matter which is the subject of a finding of such court; or

• (b) his or her reputation is, in the opinion of the convening authority, adversely affected by anything in the proceedings or findings of such court.

Absence without leave — additional matters

66.

• (2) If the court is satisfied that the person has absented himself the declaration required to be made by the court shall be in Form 23.

Boards

67.

• (2) A Board shall not be convened for any purpose which involves a point of discipline.

Convening authorities for Boards

68.

• (a) a Director of a Corps or Service;

• (b) the Director, Defence Forces Training;

• (c) the Director of Intelligence;

• (d) the Commandant, Military College;

• (e) the Commandant, Combat Support College;

• (f) the Commandant, Combat Services Support College;

• (g) the Director, Defence Forces School of Music;

• (h) the Provost Marshal.

Composition of Board

69.

Procedure of board

70.

Part 10 — Prescription and Declarations of Prescribed Officers, Prescribed Authorities and Prescribed Persons for the Purposes of Part V (Except Chapters IV and X)

Prescribed officer

71.

Column 1	Column 2
Section 121(b)	The officer in immediate command of that portion of the Defence Forces which the person is accompanying or to which he or she is attached.
Sections 229(3), 229(4) and 229(5)	(i) The Deputy Chief of Staff (Support).
	(ii) Any General or Flag Officer.
	(iii) The commanding officer of the military prisoner or man under sentence of detention.
Section 229(6)	Any General or Flag Officer
Section 232	The Deputy Chief of Staff (Support).
Section 250	The Court-Martial Administrator.

Prescribed authority

72.

Prescribed person

73.

Part 11 — Miscellaneous

Service or delivery of documents

74.

• (a) by delivering it to that party or person;

• (b) by leaving it at, or by sending it by registered prepaid post addressed to that party or person to, the place where he or she is stationed or his or her last known place of abode or, in a case in which an address for service has been furnished by that party or person, that address;

• (c) by transmitting it by fax to a fax number which that party or person has provided to the party sending or delivering the document or by transmitting it by electronic mail to an electronic mail address which that party or person has provided to the party sending or delivering the document, provided that the sender’s fax machine generates a message confirming successful transmission of the total number of pages of the document or the sender’s facility for the reception of electronic mail generates a message confirming receipt of the electronic mail comprising or containing the document.

• (2) Where a person upon whom service is to be effected is a prisoner or is detained in a place of detention, service upon the governor, director or other person in charge of the prison, military barrack or place of detention shall, unless an authorised officer, commanding officer or court-martial otherwise decides, be deemed good service upon such prisoner or person so detained.

• (3) Unless the context otherwise requires, where under these Rules any document or notice is to be served on an accused, it may be served by sending it to the commanding officer of the accused.

• (4) Where a document or notice is received by the commanding officer in accordance with sub-rule (3), the commanding officer or a person on his or her behalf shall serve it on the accused as soon as is practicable.

Revocation and saver

75.

• (2) Any court-martial, proceeding or thing held, done or commenced under the Rules revoked by sub-rule (1) shall be as valid and may be completed and carried into effect as if such court-martial, proceeding or thing held, done or commenced had been held, done or commenced under these Rules.

Delay report

76.

Where no rule provided

77.

Exercise of powers vested in holder of military office

78.

Forms

79.

First Schedule — instruments repealed

S. I. No.	TITLE
243 of 1954	Rules of Procedure (Defence Forces) 1954.
58 of 1955	Rules of Procedure (Defence Forces) 1954 (Amendment) Rules.
22 of 1983	Rules of Procedure (Defence Forces) 1983.
72 of 1983	Rules of Procedure (Defence Forces) 1983.
202 of 1983	Rules of Procedure (No. 3) (Defence Forces) 1983.
245 of 1987	Rules of Procedure (Defence Forces) 1987.
27 of 1991	Rules of Procedure (Defence Forces) 1991.
661 of 2007	Rules of Procedure (Defence Forces)(Form of Oath of Military Judge) 2007.

Second Schedule — Forms

Form 1

Register Number:

DEFENCE ACT 1954, Section 187A

RULES OF PROCEDURE (DEFENCE FORCES) 2008, rule 7(2)

NOTICE OF TIME AND PLACE FIXED FOR HEARING OF APPLICATION OR APPEAL TO THE SUMMARY COURT-MARTIAL

Director of Military Prosecutions Prosecutor

No. Rank.................................

Name Unit..................................

Person charged /Accused

TAKE NOTICE THAT

the appeal of the above-named person

the application of the above-named accused the Director of Military Prosecutions for.....................................

has been fixed to be heard by the Summary Court-Martial sitting at ............................. on the ..... day of ............20... at ....hours.

Dated this ........day of...........20...

Signed

Court-Martial Administrator

To......................................

of.......................................Person charged /Accused

To......................................

Commanding Officer of the Person charged /Accused

To the Director of Military Prosecutions

To the Military Judge

*Delete where inapplicable

Form 2

Register Number:

DEFENCE ACT 1954, Section 178E

RULES OF PROCEDURE (DEFENCE FORCES) 2008, rule 8(2)

NOTICE OF ABANDONMENT OF APPEAL

No Rank...........................................

Name Unit............................... Appellant

Director of Military ProsecutionsRespondent

WHEREAS the above-named appellant, of

gave notice on the ...............day of ....................... 20... that he or she would appeal at the sitting of the Summary Court-Martial to be held at .......................................on the ....day of .............20... at ........... hours from thedetermination /punishment/ determination and punishment given on the.... day of .....................20...... by .................................... as Authorised Officer / *Commanding Officer at....................................................

whereby (give details of determination and/or punishment):

TAKE NOTICE that the above-named appellant

hereby wholly abandons his*her appeal

hereby abandons that part of the appeal relating to (give details)*

Dated this.......... day of...................... 20...

Signed..................................................................

Appellant/Solicitor for Appellant

To Court-Martial Administrator

To: Director of Military Prosecutions

To: .....................................

Commanding Officer

*To:.......................................

Authorised Officer

Received by Commanding Officer/Authorised Officer on the..........day of..........20.....

Signed..........................

Name....................................Rank.................................

Appointment..........................Date...............................

*Delete where inapplicable

Form 3

DEFENCE ACT 1954, PART V

RULES OF PROCEDURE (DEFENCE FORCES) 2008, rule 16

APPLICATION FOR DIRECTIONS OF DIRECTOR OF MILITARY PROSECUTIONS IN CASE OF A REMAND FOR COURT-MARTIAL

No........................................................................................

Rank..................................

Name......................................... Unit Accused

To: Director of Military Prosecutions

I submit............charge(s) against the above-named who has

*been remanded for trial by court-martial under Chapter IV of Part V of the Act, by my order

elected to be tried by court-martial under section 177B(2) or *section 178B(2) of the Act

and apply for your directions in connection with such trial by court-martial.

The case was investigated by...................

*A Court of Inquiry was held on...............

President...............

Members...............

The accused is now under...............arrest at...............

The original charge-sheet is attached.

The prosecution file within the meaning of the Rules of Procedure is (not) attached.

Dated the.................. of ........................20...

Signed:

Investigating Officer Authorised Officer *Commanding Officer

Name..........................................Rank..........................................

Appointment ................................Date:.............................................

*Delete where inapplicable

Form 4

DEFENCE ACT 1954, Sections 177 and 178

RULES OF PROCEDURE (DEFENCE FORCES) 2008, rule 17(1)

APPLICATION FOR CONSENT OF DIRECTOR OF MILITARY PROSECUTIONS TO DISMISSAL OF CHARGE

No....................................................................................... Rank

Name......................................... Unit Accused

To: Director of Military Prosecutions

A charge of ................................ has been made against the above-named. The summary charge-sheet is attached.

This charge is a Part II scheduled offence non-scheduled offence.

The case is being investigated by the undersigned.

The prosecution file within the meaning of the Rules of Procedure is (*not) attached.

I consider that the charge should not be proceeded with and I propose, subject to your consent, to dismiss the charge. My reasons for so considering are:

and I hereby apply for your consent to the dismissal of the charge under Chapter IV of Part V of the Act.

Dated the............day of......................20....

Signed:

Investigating Officer Commanding Officer

Name..........................................Rank

Appointment ................................ Date:

*Delete where inapplicable

Form 5

DEFENCE ACT 1954, Sections 177(2)(a)(ii)(III) and 178(2)(b)

RULES OF PROCEDURE (DEFENCE FORCES) 2008, rule 17(2)

SCHEDULED OFFENCE, PART II

APPLICATION FOR CONSENT OF DIRECTOR OF MILITARY PROSECUTIONS TO REFERRAL OF A CHARGE FOR SUMMARY INVESTIGATION BY AN AUTHORISED OFFICER OR TO SUMMARY DISPOSAL OF A CHARGE BY A COMMANDING OFFICER

No....................................................................................... Rank..................................

Name......................................... Unit............................... Accused

To: Director of Military Prosecutions

A charge of ................................ has been made against the above-named. The summary charge-sheet is attached.

The case is being investigated by the undersigned.

The prosecution file within the meaning of the Rules of Procedure is (not*) attached.

*I consider that the charge should be referred for summary investigation by an authorised officer and I propose, subject to your consent, to so refer the charge.

*I consider that the charge should be disposed of summarily and I propose, subject to your consent, to dispose of the charge summarily.

My reasons for so considering are:

and I hereby apply for your consent to

*refer the charge for summary investigation by an authorised officer

*dispose of the charge summarily

under Chapter IV of Part V of the Act.

Dated the............day of......................20....

Signed: Investigating Officer Commanding Officer

Name.....................................................Rank....................................

Appointment ........................

*Delete where inapplicable

Form 6

DEFENCE ACT 1954, Section 187

RULES OF PROCEDURE (DEFENCE FORCES) 2008, rule 20

DIRECTION TO CONVENE COURT-MARTIAL

No.................................................................................... Rank

Name......................................... UnitAccused

To: Court-Martial Administrator

The above-named accused is charged that ............

I direct that a General /Limited Court-Martial be assembled for his or her trial.

The case was investigated by...................

*A Court of Inquiry was held on...............

President...............

Members...............

The accused is not now in closed service/open service custody at...............

I enclose the following documents:—

Dated the............day of......................20....

Signed:

Director of Military Prosecutions

*Delete where inapplicable

Form 7

DEFENCE ACT 1954, Section 187A

RULES OF PROCEDURE (DEFENCE FORCES) 2008, rule 21(1)

DIRECTION TO REFER CHARGE TO SUMMARY COURT-MARTIAL

No.................................................................................... Rank..................................

Name......................................... Unit Accused

To: Court-Martial Administrator

The above-named accused is charged that ............

I direct that he or she be tried before the summary court-martial at the earliest available opportunity

The case was investigated by...................

*A Court of Inquiry was held on...............

President...............

Members...............

The accused is not now in closed service/open service custody at...............

I enclose the following documents:—

Dated the............day of......................20....

Signed:

Director of Military Prosecutions

*Delete where inapplicable

Form 8

Register Number:

DEFENCE ACT 1954, Section 187A

RULES OF PROCEDURE (DEFENCE FORCES) 2008, rule 21(2)

SUMMONS TO SUMMARY COURT-MARTIAL TO ANSWER CHARGE

No.................................................................................... Rank..................................

Name......................................... Unit Accused

To: The above-named accused at.................................

You are charged that ............

THIS IS TO REQUIRE YOU to appear before the summary court-martial sitting at ...............................................................................at ...............hours on the ..........day of ....................20.... to answer the said charge.

Dated the............day of......................20....

Signed:

Court-Martial Administrator

Form 9

DEFENCE ACT 1954, PART V

RULES OF PROCEDURE (DEFENCE FORCES) 2008, rule 26(4)

CERTIFICATE OF CONFORMITY

WITH THE PROVISIONS OF RULE 26

No.................................................................................... Rank..................................

Name......................................... Unit Accused

Question to accused. Do you understand the nature of the charge(s) and the Summary or Abstract of evidence delivered to you?

A

Question to accused. Do you wish to interview and instruct for the purpose of your defence:

• (a) A solicitor, if so, give his or her name and address?

• (b) An officer as defending officer, if so, give his or her name, rank and Unit?

• (c) Do you wish the Courts-Martial Administrator to assign an officer as defending officer to defend you?

A

Question to accused. Do you wish any military witnesses to besummoned in your defence, if so, give their names, ranks and Units?

A

Question to accused. Do you wish any civilian witnesses to be summoned in your defence, if so, give their names and addresses?

A

Question to accused Do you understand that you may be required to defray the cost (if any) of the attendance of the witnesses summoned in your defence?

A

Signature of accused

I certify that on the.................... day of....................................................... 20...., I served the above-named accused with a copy of the charge-sheet(s) andsummary or abstract of evidence and at the same time I put to him or her the above questions and received the answers recorded above. I also explained to him or her his or her rights under the Rules of Procedure as to preparing his or her defence and being represented at his or her trial. I also informed the accused that he or she must be ready to stand his or her trial on the.................... day of...................................... 20.....or such later date as may be notified to him or her by the Court-Martial Administrator.

Signed

Relevant officer within the meaning of rule 26

Name.............................................Rank............................................

Appointment....................................Date.............................................

Form 10

DEFENCE ACT 1954, PART V

RULES OF PROCEDURE (DEFENCE FORCES) 2008, rule 28

ORDER CONVENING COURT-MARTIAL

On the direction of the Director, I, ........................................, Court-Martial Administrator, appointed pursuant to Warrant of the Judge Advocate General dated the......day of ......... 20...., DO HEREBY CONVENE a ...............Court-Martial consisting of a military judge and a court-martial board and any persons in waiting specified below

AND I HEREBY ORDER the court-martial board and the persons in waiting to assemble at ................at ....hours on the .......day of ....20... and thereafter at such time(s) and place(s) as may be directed by the military judge presiding for the purpose of trying the person(s) named below (and such other person(s) as may be brought before them).

.......................................

are appointed Members of the court-martial board

.....................................

are appointed persons in waiting for the court-martial board

..........................................Military Judge will preside.

The accused will be warned and all witnesses duly required to attend.

The proceedings will be forwarded to the Court-Martial Administrator at Defence Forces Headquarters, Department of Defence.

Signed at............................

This.......day of .............20....

Court-Martial Administrator

Person(s) to be tried:

No.................................................Rank............................................

Name.............................................Unit.............................................

*Delete where inapplicable

Form 11

Register Number:

DEFENCE ACT 1954, Section 193

RULES OF PROCEDURE (DEFENCE FORCES) 2008, rule 29

ORDER FOR DISSOLUTION OF COURT-MARTIAL

In accordance with Section 193 of the Defence Act 1954 I hereby order the DISSOLUTION of the GENERAL/LIMITED COURT-MARTIAL assembled on the ........ day of ...................20... at ............................................. for the following reason(s):

Dated the............day of......................20....

Signed

Court-Martial Administrator

To Director of Military Prosecutions

To Military Judge

To Members of Court-Martial Board and Persons in Waiting

To..............................................Accused

No.............................................Rank................................................

Name..........................................Unit.................................................

To...............................................Commanding Officer of accused

Name...........................................Rank...............................................

Appointment..................................

*Delete where inapplicable

Form 12

Register Number:

DEFENCE ACT 1954, PART V

RULES OF PROCEDURE (DEFENCE FORCES) 2008, rule 30(1)

FORM AND CERTIFICATE OF PROMULGATION OF FINDINGS AND

SENTENCE OF COURT-MARTIAL

To the Accused:

No.................................................Rank............................................... Name..............................................Unit...........................................

At your trial

*by General Court-martial held at

*by Limited Court-martial held at

*before the Summary Court-Martial exercising its original jurisdiction at................................on the............... day of............. 20....... you were charged with the offence/offences set out in attached charge-sheet/sheets.

The Court-Martial found you:

(Here set out finding of the Court-Martial on the charges.)

The Court-Martial sentenced you to:

(Here set out sentence of the Court-Martial.)

Dated this ....day of...............................20.....

Signed

Court-Martial Administrator

And to:

Commanding Officer of the above-named

This form of promulgation to be served by the said Commanding Officer on the above-named and a copy of this form of promulgation with the certificate of service below completed to be returned to the Court-Martial Administrator by the said Commanding Officer.

CERTIFICATE OF SERVICE

I, being the Commanding Officer of the above-named certify that I duly served the above form of promulgation on the above-named by handing him/her the original of same at ......... hours on the ......day of .............20... at ......

Signed

Commanding Officer

Promulgation in Unit Routine Orders: Reference: ....... Date: .............

*Delete where inapplicable

Form 13

Register Number:

DEFENCE ACT 1954, PART V

RULES OF PROCEDURE (DEFENCE FORCES) 2008, rule 31(1)

FORM AND CERTIFICATE OF PROMULGATION OF DECISION OF SUMMARY COURT-MARTIAL IN THE CASE OF AN APPEAL

To the Appellant:

No.............................. Rank.............. Name......................................... Unit...............................

At your appeal against the determination made and punishment awarded by an *authorised officer / * commanding officer in respect of the charge(s) of the offence/offences set out in attached charge-sheet/sheets before the Summary Court-Martial, exercising its appellate jurisdiction sitting at................................on the............... day of............. 20...

The Summary Court-Martial quashed /confirmed the determination made

The Summary Court-Martial quashed /confirmed the punishment awarded, namely,.............../*substituted for the punishment awarded a punishment of ........................................

Signed.........................................Date....................................

Court-Martial Administrator

And to:

Commanding Officer of the above-named

This form of promulgation to be served by the said Commanding Officer on the above-named and a copy of this form of promulgation with the certificate of service below completed to be returned to the Court-Martial Administrator by the said Commanding Officer.

CERTIFICATE OF SERVICE

I, being the Commanding Officer of the above-named certify that I duly served the above form of promulgation on the above-named by handing him/her the original of same at ......... hours on the ......day of .............20... at .........

Promulgation in Unit Routine Orders: Reference:.................................... Date:...............................

Signed

Commanding Officer

*Delete where inapplicable

Form 14

DEFENCE ACT 1954, Section 206

RULES OF PROCEDURE (DEFENCE FORCES) 2008, rule 34(1)

ORDER FIXING EFFECTIVE DATE OF CERTAIN SENTENCES

To the Officer Commanding........................(Unit) at...............................

WHEREAS

(Number)............... (Rank)............(Name)........................(Unit)...............

was tried by Court-Martial on the.........day of.............20.... and was sentenced by the said Court-Martial to

AND WHEREAS promulgation thereof was duly had by Publication in the Unit Routine Orders in accordance with the provisions of rule 30 of the Rules of Procedure (Defence Forces) 2008, on the......day of..........20....

NOW THEREFORE I, Deputy Chief of Staff (Support) of the DefenceForces, in exercise of the powers conferred upon me by Section 206 of the Defence Act 1954 , as amended, and by rule 34 of the Rules of Procedure (Defence Forces) 2008, and of all other powers me hereunto enabling

DO HEREBY FIX the.............day of..................20....

for and as the date on and from which the said sentence shall take effect.

Signed at.........................................................this ............day of................20....

• (Name)

• (Rank)

Deputy Chief of Staff (Support) of the Defence Forces

Copy: GOC (Brigade/Formation)

OIC Enlisted Personnel Management Office

Legal Officer (Brigade/Formation)

OIC Records and Data Management (Brigade/Formation)

Form 15

DEFENCE ACT 1954, PART V

RULES OF PROCEDURE (DEFENCE FORCES) 2008, rule 35

FORMS OF ORDERS FOR COMMITTAL, TRANSFER OR RELEASE

Part A — Committal on conviction and awaiting sentence

No...............................................................Rank....................................................

Name............................................Unit...............................................

To the Governor or Officer in charge of the Detention Barrack at.....................

WHEREAS the above-named has been convicted of an offence of ...................following his/her trial by court-martial and

WHEREAS the court-martial has remanded him/ her in close service custody awaiting promulgation of sentence

NOW, therefore, I, the undersigned, being the Commanding Officer of the said (No)....... (Rank)............... (Name)..................., do hereby, in pursuance of the Defence Act 1954 and of all other Acts and powers enabling me in this behalf, order you to receive him/her into your custody for safe custody, and to produce him/her before the court-martial at such time and place as you will be advised for sentencing, there to be further dealt with in accordance with law, and for so doing this shall be your warrant.

Signed at...........this........ day of......... 20...

• (Name)

• (Rank)

• (Appointment)

Commanding Officer of the above-named

Part B — Committal while awaiting trial by court-martial

No........................................... Rank.................................

Name .......................................... Unit...............................

To the Governor or Officer in charge of the Detention Barrack at.....................

WHEREAS the above-named is in close service custody awaiting trial by court-martial

NOW, therefore, I, the undersigned, being the Commanding Officer of the said (No.).................... (Rank)...................... (Name)............................, do hereby, in pursuance of the Defence Act 1954 and of all other Acts and powers enabling me in this behalf, order you to receive him/ her into your custody for safecustody, and to produce him/ her before the court-martial at such time and place as you will be advised for trial, there to be further dealt with in accordance with law, and for so doing this shall be your warrant.

Signed at...........this........ day of......... 20...

• (Name)

• (Rank)

• (Appointment)

Commanding Officer of the above-named

Part C — Committal to temporary civil custody in prison, Section 231(2), Defence Act 1954

No....................................................................................... Rank..................................

Name...............................................Unit............................................

To the Governor or Officer in charge of ..............Prison at .................

WHEREAS (No.) ........................... (Rank) (Name) .............. (Unit)................................

a person subject to military law as a man is now in service custody

NOW therefore, I, the Commanding Officer of the said (No.)......... (Rank)............ (Name) .............. (Unit) do hereby, in pursuance of the Defence Act 1954 and of all other Acts and powers enabling me in this behalf, order you to receive the said (No.) ......(Rank) ....... (Name).......... into your custody and detain him/her until you shall receive a further order from me, but not longer than eight days, and for so doing this shall be your warrant.

.................................................................................

• (Name)

• (Rank)

• (Appointment)

Commanding Officer of the said person

Part D — Order for Transfer from one prison (or detention barrack) to another

To the Governor or Officer in charge of ...........Prison (or Detention Barrack) at..............

WHEREAS (No.)............................... (Rank) ........................................................ (Name) (Unit) .............................................................

a person subject to military law, is now in your custody undergoing sentence of imprisonment passed by court-martial

I, the undersigned, the........................................................................do hereby, in pursuance of the Defence Act 1954 and of all other Acts and powers enabling me in this behalf, order you to deliver the said (No.)..... (Rank)........... (Name)........to the officer or non-commissioned officer presenting this order

AND I do hereby order the said officer or non-commissioned officer, and all officers and non-commissioned officers into whose custody the said (No.)..... (Rank)........... (Name)........may be delivered, to keep him/her in service custody and convey him/her in service custody in such manner as may be directed by the military authority to.........prison (or detention barracks) at.....................there to undergo the remainder of his/her sentence, and for so doing this shall be your warrant.

Signed at ....... this ........ day of ........ 20...

• (Name)

• (Rank)

• (Appointment)

Commanding Officer of the military prisoner, or other competent authority for the purposes of Section 229(5) of the Defence Act 1954 .

Part E — Order for transfer of a man undergoing detention from one detention barrack to another

To the Governor or Officer in Charge of the Detention Barrack at ...........

WHEREAS(No.)............................. (Rank).......................................

(Name)......................................... (Unit)........................................

is now in your custody undergoing sentence of ..................... detention awarded by ...................court-martial

AND I do hereby order the said officer or non-commissioned officer, and all officers and non-commissioned officers into whose custody the said (No.)..... (Rank)........... (Name)........ may be delivered, to keep him/her in service custody and convey him/her in service custody in such manner as may be directed by the military authority, to the detention barrack at....................there to undergo the remainder of his/her sentence, and for so doing this shall be sufficient warrant.

Signed at ....... this ........ day of ........ 20...

• (Name)

• (Rank)

• (Appointment)

Commanding Officer of the man under sentence of detention, or other Competent Authority for the purposes of Section 229(5) of the Defence Act 1954 .

Part F — Order for delivery into service custody of a person undergoingimprisonment pursuant to sentence of Court-martial

To the Governor or Officer in Charge of ......Prison (or Detention Barrack) at...

WHEREAS (No.)............................. (Rank)...................................................... (Name) ...................................... (Unit)............................................

a person subject to military law, is now in your custody undergoing sentence of imprisonment passed by court-martial

I, the undersigned, the........................................................................do hereby, in pursuance of the Defence Act 1954 and of all other Acts and powers enabling me in this behalf, order you to deliver the said (No.)......(Rank) ....... (Name)...........to the officer or non-commissioned officer presenting this order

AND I do hereby order the said officer or non-commissioned officer, and all officers and non-commissioned officers into whose custody the said (No.)..... (Rank)........... (Name)........may be delivered, to keep him/her in service custody and bring him/her to .................there to*and then to return him/her to the above-named prison (or detention barrack), or to such other prison (or detention barrack) as may be determined by the competent authority, and to detain him/her in service custody until he/she is so returned or is released in due course of law, and for so doing this shall be your warrant.

Signed at ....... this ........ day of ........ 20...

• (Name)

• (Rank)

• (Appointment)

Commanding Officer of the military prisoner, or other competent authority for the purposes of Section 229(5) of the Defence Act 1954 .

• State the purpose for which the man is required.

If the Prison (or Detention Barrack) to which he/she is returned is altered

I, the undersigned,

the dohereby, in pursuance of the Defence Act 1954 , and of all other Acts and powers enabling me in this behalf, order that he/she be forthwith returned in service custody to prison (or detention barrack) at .................................. there to undergo the remainder of his/her sentence.

Signed at ....... this ........ day of ........ 20...

• (Name)

• (Rank)

• (Appointment)

Commanding Officer of the military prisoner, or other competent authority for the purposes of Sections 229(4) and (5) of the Defence Act 1954 .

Part G — Order for delivery into service custody of a man undergoing detention

To the Governor or Officer in charge of the Detention Barrack at.....................

WHEREAS (No.)......................... (Rank).............................................

• (Name) ...................................... (Unit).............................................

is now in your custody undergoing sentence of ..................... detention awarded by ...................court-martial

I, the undersigned, the........................................................................do hereby, in pursuance of the Defence Act 1954 and of all other Acts and powers enabling me in this behalf, order you to deliver the said (No.)..... (Rank)........... (Name)........to the officer or non-commissioned officer presenting this order

AND I do hereby order the said officer or non-commissioned officer, and all other officers and non-commissioned officers into whose custody the said (No.) ........ (Rank)......(Name) ............. may be delivered, to keep him/her in service custody and bring him/her to.........there to *..............and then to return him/her to the above-named detention barrack, or to such other detention barrack as may be determined by the competent authority, and to detain him/her in service custody until he/she is so returned, or is released in due course of law, and for so doing this shall be your warrant.

Signed at ....... this ........ day of ........ 20...

• (Name)

• (Rank)

• (Appointment)

Commanding Officer of the military prisoner, or other competent authority for the purposes of Section 229(5) of the Defence Act 1954

• State the purpose for which the man is required.

If the Detention Barrack to which he/she is returned is altered

I, the undersigned, the......................................................................, do hereby, in pursuance of the Defence Act 1954 and of all other Acts and powers enabling me in this behalf, order that the said (No.) ................ (Rank) ................ (Name) .................. be forthwith returned in service custody to the detention barracks at.......................................... there to undergo the remainder of his/her sentence.

Signed at ....... this ........ day of ........ 20............

• (Name)

• (Rank)

• (Appointment)

Commanding Officer of the man under sentence of detention, or other Competent Authority for the purposes of Sections 229(4) and (5) of the Defence Act 1954 .

Part H — Order for release of Military Prisoner or man undergoing sentence of detention

To the Governor or Officer in charge of the Prison (or Detention Barrack)

at.....................

WHEREAS (No.)......................... (Rank)..............................................

• (Name) ...................................... (Unit)...............................................

is now in your custody undergoing sentence of .....................

imprisonment /detention awarded by ...................court-martial

And whereas the said sentence was on the ..........day of.............20..., remitted

by.......to...................

NOW, therefore, I, the undersigned, the .......................... in pursuance of the Defence Act 1954 and of all other Acts and powers enabling me in this behalf, do hereby order and require you to release the said (No.)......... (Rank)............(Name) .............. (Unit)...................................

Signed at ....... this ........ day of ........ 20...

• (Name)

• (Rank)

• (Appointment)

Competent Authority for the purposes of Section 229(6) of the Defence Act 1954 .

*Delete where inapplicable

Part I — Order for release in case of confinement in detention barrack for safe custody while awaiting trial by, or sentence of, court-martial

To the Governor or Officer in charge of the Detention Barrack at ..................

You are hereby required to deliver over (No.)...............(Rank)............... (Name)..................of the........... (Unit), now in your custody for safe custody, pursuant to committal by his/her commanding officer, to the non-commissioned officer of the escort herewith attending to receive him/her.

Signed at ....... this ........ day of ........ 20...

• (Name)

• (Rank)

• (Appointment)

Commanding Officer of the above-named

Form 16

Register Number:

DEFENCE ACT 1954, Section 212A(12)

RULES OF PROCEDURE (DEFENCE FORCES) 2008, rule 38

NOTICE OF APPLICATION TO REVOKE SUSPENSION OF SENTENCE

Director of Military Prosecutions Prosecutor

No....................................................................................... Rank

Name......................................... Unit Accused

Director of Military Prosecutions Applicant

WHEREAS an order was made by the .............Court-Martial under Section 212A(2) of the Defence Act 1954 on the ....... .......day of ......20... suspendingthe whole of /part of a sentence of imprisonment / detention imposed on you, the above-named offender of............................................ and you were bound by a recognisance entered into by you under the said Section, to comply with the conditions of, or imposed in relation to that order, namely

AND WHEREAS the applicant has applied under Section 212A(11)(b) of the above-mentioned Act to fix a date for the hearing of an application for an order revoking the order made by the ............. Court-Martial suspending the whole of /part of a sentence of imprisonment / detention imposed on you

AND WHEREAS THE .................COURT-MARTIAL has fixed the datehereinafter stated for the hearing of that application

TAKE NOTICE THAT you the offender are required to appear before a ............Court-Martial at ...........................on the ..... day of ............20... at hours for the hearing of an application for an order revoking the order suspending

*the whole of the sentence

*part of the sentence

imposed on you on the ........day of............20...as aforesaid.

Dated this ........day of...........20...

Signed ......................................................

Court-Martial Administrator

To..............................................Accused

To......................................Commanding Officer of the above-named offender Name.....................Rank............

Appointment

*Delete where inapplicable

To be endorsed by the court-martial if the person is scheduled to be in prison or a detention barrack on the return date

To the Governor or Officer in Charge of prison/detention barrack

THIS IS TO COMMAND YOU the Governor or Officer in Charge of ......................prison/detention barrack to deliver the above-namedoffender.......................................... before a ..........Court-Martial at ............ on the .......day of................................20...at.......hours to be dealt with according to law.

Dated this ........day of...........20...

Signed

Military Judge

Form 17

Register Number:

DEFENCE ACT 1954, PART V

RULES OF PROCEDURE (DEFENCE FORCES) 2008, rule 42(1)(b)

LIST OF WITNESSES

Director of Military ProsecutionsProsecutor

No....................................................................................... Rank..................................

Name Unit Person charged

WHEREAS you, the above-named person, were on the ... day of ..............20.... charged with the offence of ............................... as set out on the attached copy Charge Sheet

TAKE NOTE that the prosecution intends to call the following witnesses at your trial by court-martial, should you be remanded for such trial:

(List of witnesses)

Dated the ... day of ..............20....

Signed:

Director of Military Prosecutions

Form 18

Register Number:

DEFENCE ACT 1954, PART V

RULES OF PROCEDURE (DEFENCE FORCES) 2008, rule 42(1)(c)

STATEMENT OF EVIDENCE TO BE GIVEN BY WITNESS

Director of Military Prosecutions Prosecutor

No....................................................................................... Rank..................................

Name.........................................Unit........................Person charged

Name.......................................of witness

giving evidence on behalf of

The above-named witness has made the following statement of the evidence to be given by him or her at the preliminary investigation of the above-named person who, on the ... day of ..............20...., was charged with the offence of .................. as set out on the attached copy Charge Sheet, or at the trial by court-martial of such person, should he or she be remanded for such trial.

(Insert witness statement)

Dated the ... day of ..............20....

Signed:

Witness

Signed:

Director of Military Prosecutions

Form 19

Register Number:

DEFENCE ACT 1954, PART V

RULES OF PROCEDURE (DEFENCE FORCES) 2008, rule 42(1)(d)

LIST OF EXHIBITS

Director of Military Prosecutions Prosecutor

No....................................................................................... Rank

Name.........................................Unit Person charged

WHEREAS you, the above-named person, were on the ... day of ..............20.... charged with the offence of .................... as set out on the attached copy Charge Sheet

TAKE NOTE that the prosecution intends to exhibit the following items at your trial by court-martial, should you be remanded for such trial:

(List of exhibits)

Dated the ... day of ..............20....

Signed:

Director of Military Prosecutions

Form 20

DEFENCE ACT 1954, PART V

RULES OF PROCEDURE (DEFENCE FORCES) 2008, rule 42(8)

PRELIMINARY INVESTIGATION

CERTIFICATE OF CONFORMITY WITH THE PROVISIONS OF RULE 42

(Delivery of documents to a person charged with an offence for which a person would be required on conviction to be sentenced to imprisonment for life)

No....................................................................................... Rank.

Name..........................................Unit Person charged

Question to person charged. Do you understand the nature of the charge/charge preferred against you?

A

Question to person charged. Do you wish to interview and instruct for the purpose of your defence:

• (a) A solicitor, if so, give his/her name and address?

• (b) An officer as defending officer, if so, give his/her name, rank and Unit?

• (c) Do you wish the Court-Martial Administrator to assign an officer as defending officer to defend you?

A

Question to person charged. Do you wish any military witnesses to be summoned in your defence, if so, give their names, ranks and Units?

A

Question to person charged. Do you wish any civilian witnesses to be summoned in your to defence, if so, give their names and addresses?

A

Signature of person charged

I certify that on the.................... day of....................................................... 20..., I served the above-named person charged with copies of the documents referred to in rule 42(1) of the Rules of Procedure and at the same time I put to him /her the above questions and received the answers recorded above. I also explained to him /her his /her rights under the Rules of Procedure as to preparing his /her defence and being represented at the preliminary investigation. I also informed the above-named that he /she must be ready for the preliminary investigation of the charge(s) on the dayof...................................... 20.... or such later date as may be notified to him /her by the investigating officer.

Signed: Date...............................................

Relevant officer within the meaning of rule 42

Name...........................................Rank..............................................

Appointment.........

*delete where inapplicable

Form 21

DEFENCE ACT 1954, PART V

RULES OF PROCEDURE (DEFENCE FORCES) 2008, rule 43(3)(e)(ii)

PRELIMINARY INVESTIGATION

STATEMENT OF PERSON CHARGED WITH AN OFFENCE FOR WHICH A PERSON WOULD BE REQUIRED ON CONVICTION TO BE SENTENCED TO IMPRISONMENT FOR LIFE

Director of Military Prosecutions Prosecutor

No....................................................................................... Rank

Name.........................................Unit Person charged

WHEREAS the above-named appeared before me at............................on the .............day of ................... 20..... for a preliminary investigation into the charge that he/she* did on the ............. day of .......... 20.... commit the offence of ................................, being an offence for which a person would be required on conviction to be sentenced to imprisonment for life

AND WHEREAS the above-named was cautioned in accordance with rule 43(3)(e)(i) of the Rules of Procedure (Defence Forces) 2008

AND WHEREAS the above-named was asked whether he/she* had anything to say in answer to the charge

the above-named made the following statement:

(Insert statement)

Dated the......... day of..................... 20.....

Signed: Person charged

No........................................................ Rank...........................................

Name......................................... Unit..........................................

Signed:

Commanding Officer

Name Rank..................................................

Appointment *delete where inapplicable

Form 22

DEFENCE ACT 1954, PART V

DEFENCE ACT 1954 (RULES OF PROCEDURE), rule 54

NOTICE TO CIVILIAN WITNESS TO ATTEND A COURT OF INQUIRY

To: of

WHEREAS a Court of Inquiry will assemble at ................................... on the ............... day of............................ 20 ... at ........................................... hours for the purpose of

You are requested to attend the sitting of the Court at the hour named above to give evidence as to the matter under investigation, and to bring with you the following documents and articles:

Your reasonable expenses of attendance will be met.

Dated the............day of......................20....

Signed:

Convening Authority

Name........................................................ Rank...........................................

Appointment.........................................

*Delete where inapplicable

Form 23

DEFENCE ACT 1954, SECTION 174(3)(b)(ii)

RULES OF PROCEDURE (DEFENCE FORCES) 2008, rule 66(2)

FORM OF DECLARATION ON ABSENCE TO BE ENTERED IN SERVICE BOOKS

Record of the Declaration of a Court of Inquiry assembled at (Station), (Camp) on the ... day of ..............20.... for the purpose of investigating and recording the absence without leave or other sufficient cause from his/her* duty and the deficiency, if any, in the arms, ammunition, equipment, instruments, service necessaries and clothing of

No......................................................................................Rank

Name......................................... Unit

DECLARATION

The Court declares that

Name................................................... No. ..............................

Rank................................. Unit...............................

(if attached, add “Attached to” and unit to which attached),

absented himself/herself without leave (or other sufficient cause) from ................., on the .... day of ..............20.... at ..........., and that he/she is still so absent and that on the...... day of ..............20.... (date on which inventory of kit was taken) he/she was deficient, and that he/she is still deficient of the following articles (Value of clothing, equipment, etc. to be stated).

Dated this..............day of...............20 ...........

PRESIDENT

Name........................................................ Rank...........................................

Appointment.........................................

MEMBERS

Name.....................................................Rank........................................... Appointment......................................

Signature of Commanding Officer of the Absentee

Name........................................................Rank...........................................

Appointment.........................................

*Delete where inapplicable

Form 24

DEFENCE ACT 1954, PART V

RULES OF PROCEDURE (DEFENCE FORCES) 2008, rule 76

TEN DAY DELAY REPORT

To: Director of Military Prosecutions at.....................................................................

No. .......................................... Rank.................................

Name............................................................... Unit..................................

Date when placed in service or civil custody............................................................

Offence......................................................................................................................

The above-named is in close/open* service custody or civil custody.

The Summary/Abstract of Evidence has (not) been taken (prepared*) on the................ day of............... 20...

A prosecution file has (not*) been forwarded to the Director of MilitaryProsecutions in accordance with the Rules of Procedure (Defence Forces) 2008 on............................................................................... 20...

Reasons for delay since last delay report are:

The necessity for continued custody is:

Dated the................day of.....................20...

Signed:

Name.....................................................Rank...........................................

Appointment.........................................

Commanding Officer of the Accused, or other Officer who should cause the Summary or Abstract of Evidence to be taken or prepared.

*Delete where inapplicable

GIVEN under my Official Seal,

2 July 2008

WILLIE O’DEA.

Minister for Defence.

EXPLANATORY NOTE

(This is not part of the Instrument and does not purport to be a legal interpretation)

These Rules set out the procedures to be followed in matters prescribed in section 240 of the Defence Act 1954 .