Legalize / Ireland / Statutory Instrument

S.I. No. 205/2008 - Court-Martial Rules 2008

Type Statutory Instrument

Publication 2008-07-11

Last updated 2023-10-13

State In force superseded text

Text As published

Source Irish Statute Book

articles 92

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

3 amending acts · 2023-10-13, S.I. No. 492/2023 - Court-Martial Rules 2023

Reform history JSON API


Summary Award(s)	Date of offence......................
	Particulars of offence..............
	Punishment........................
	Date of offence...................
	Particulars of offence..............
	Punishment........................
Court(s)-martial	Date of trial.....................
	Date of offence.................
	Particulars of offence............
	Sentence.........................
	Date of trial......................
	Date of offence.................
	Particulars of offence ............
	Sentence.........................
Civil convictions	Date of trial or plea............
	Date of offence.................
	Particulars of offence...........
	Court............................
	Sentence.........................

PARTICULARS AS TO SERVICE

(2) The appellant/accused is not under sentence at the present time

(3) The appellant/accused at the present time is under sentence for ................... beginning on the .......... day of ............. 20 .........

(4) The appellant/*accused has been in service custody on the present charges for ............ days, and in civil custody for ..................... days, of which ............. days were spent in hospital.

(5) The present age of the appellant/accused according to his/her Attestation Paper is ............

(6) The appellant/accused was first attested on the .............. day of ............................... 19/20 ....... and his/her present engagement is for ...................... years in the Permanent Defence Force and for .................. years in the Reserve Defence Force.

The appellant/accused has served continuously in the Permanent Defence Force since the .......... day of .................. 19/20 ....., and is serving on a re-engagement to complete 21 years or more in the Permanent Defence Force; or has been continued in service for a ................ year period to complete ............... years.

(7) The appellant/accused has served as a non-commissioned officer continuously since .....................

He/She was last promoted on the ........... day of ................... 19/20 .........

He/She has not been demoted during service.

(If demoted, strike out last sentence and state particulars.)

(8) Acts of Gallantry, Distinguished Conduct, Medals, Awards, Mentions, etc.

(9) The appellant/accused is/is not married.

(10) The appellant/accused has ......... children in his/her family, aged respectively—

(11) The appellant/accused is in receipt of basic pay at a rate of.......... per day.

(12) The appellant/accused is on the ............. point of ............... points on the scale of pay for his/her rank.

(13) The appellant/accused received his/her last increment/is due his/her next increment on .......... 20 .....

(14) The appellant/accused is/is not in receipt of military service allowance, additional, flying, or other extra pay at a rate of .......... per ..............

I certify that the foregoing are true extracts from Record Sheet A.F. 43(a) and service records in my custody.

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

Officer having custody of records

*Delete where inapplicable

Form 3

DEFENCE ACT 1954, SECTION 178G(3)

COURT-MARTIAL RULES 2008, rule 15

ORDER OF THE SUMMARY COURT-MARTIAL ON HEARING AN APPEAL

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

Unit........................... Appellant

Director of Military Prosecutions Respondent

UPON HEARING AN APPEAL brought before the Summary Court-Martial by the above-named appellant against the punishment / determination / *determination and punishment given on the .... day of ............ 20.... by

as Authorised Officer / Commanding Officer at....................................................

whereby (give details of punishment /determination / determination and punishment*)—

THE SUMMARY COURT-MARTIAL

being satisfied that notice of the appeal was duly served upon the Court-Martial Administrator, the respondent and the authorised/commanding officer concerned

and having heard the evidence tendered by or on behalf of the appellant / respondent *(and the appellant)

[and being satisfied that the said appeal ought (not) to be allowed]

[and being satisfied that the determination appealed from ought to be confirmed / *quashed]

[and being satisfied that the punishment appealed from ought to be confirmed / quashed / varied]

HEREBY ORDERS as follows—

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

Signed

Military Judge

*Delete where inapplicable

Form 4

DEFENCE ACT 1954, PART V

CRIMINAL LAW (INSANITY) ACT 2006, SECTION 19(1)

COURT-MARTIAL RULES 2008, rule 25

NOTICE OF INTENTION TO ADDUCE EVIDENCE AS TO MENTAL CONDITION

Director of Military Prosecutions Prosecutor

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

Unit............................ Accused

WHEREAS the above-named accused was/will be on the ...........day of ........................ 20...... asked how he/she wished/wishes to plead to the charge of the offence(s) set out on the attached copy Charge Sheet(s).

TAKE NOTICE that the defence intends to adduce evidence as to the mental condition of the accused in the proceedings for the said offence(s).

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

Signed

Accused/Solicitor for the accused

To ............................... Prosecutor

and to the Court-Martial Administrator at

*Delete where inapplicable

Form 5

DEFENCE ACT 1954, PART V

CRIMINAL LAW (INSANITY) ACT 2006, Section 4(6)

COURT-MARTIAL RULES 2008, rule 31(1)

COMMITTAL WARRANT AND DIRECTION FOR EXAMINATION

Director of Military Prosecutions Prosecutor

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

Unit............................... Accused

To the Provost Marshal

WHEREAS the above-named accused was this day before the Summary Court-Martial /a General Court-Martial /*a Limited Court-Martial charged with the offence(s) set out on the attached copy Charge Sheet(s).

AND WHEREAS the Court-Martial has determined that the said accused is unfit to take his/her trial, the hearing of the said charge(s) has been adjourned to the sitting of the Court-Martial at ........ on the .... day of ...... 20...... at ...... hours.

THIS IS TO COMMAND YOU to whom this warrant is addressed to deliver the said accused to the designated centre at .................................................. and to lodge the said accused person in the said designated centre there to be detained pursuant to section 4(6)(a) of the Criminal Law (Insanity) Act 2006 by the clinical director thereof until the above time of adjournment, being a period not exceeding fourteen days from the date hereof, when you shall have said accused at the said sitting to be further dealt with according to law.

AND THE COURT-MARTIAL DIRECTS THAT the said accused be examined by an approved medical officer at the said designated centre and the approved medical officer concerned is required by section 4(6)(b) of the said Act of 2006 to report within the period of committal hereby authorised to the court-martial on whether in his/her opinion the said accused 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 or suffering from a mental disorder (within the meaning of the said Act of 2006) or from a mental disorder (within the meaning of the Mental Health Act 2001 ) and is in need of out-patient care or treatment in a designated centre.

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

Signed

Military Judge

Copy to the Clinical Director at

*Delete where inapplicable

Form 6

DEFENCE ACT 1954, SECTION 202(1)(b)

CRIMINAL LAW (INSANITY) ACT 2006, SECTION 4(5)

COURT-MARTIAL RULES 2008, rule 31(2)(a)

COMMITTAL WARRANT

Director of Military Prosecutions Prosecutor

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

Unit.................................. Accused

To the Provost Marshal

AND WHEREAS the Court-Martial has determined that the said accused is unfit to take his/her trial, the hearing of the said charge(s) has been adjourned until further order,

AND WHEREAS the Court-Martial is satisfied,

*having considered the evidence of an approved medical officer adduced pursuant to section 4(6) of the above-mentioned Act of 2006

*having considered other evidence adduced

that the accused 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,

THIS IS TO COMMAND YOU to whom this warrant is addressed to deliver the said accused to the designated centre at .................................................. and to lodge the said accused in the said designated centre for in-patient care or treatment until an order under section 13 of the said Act of 2006 is made.

NOTE: Where the clinical director of the above-mentioned designated centre forms the opinion in relation to the said accused that said person is no longer unfit to take his/her trial for an offence, the clinical director shall immediately notify the Court-Martial Administrator in writing by electronic mail and by registered post in Form 7 of the Court-Martial Rules 2008.

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

Signed

Military Judge

Copy to the Clinical Director at

*Delete where inapplicable

Form 7

DEFENCE ACT 1954, PART V

CRIMINAL LAW (INSANITY) ACT 2006, Section 13(3)(a) or (b)

COURT-MARTIAL RULES 2008, rule 31(2)(b)

NOTICE TO THE COURT-MARTIAL

Director of Military Prosecutions Prosecutor

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

Unit................................ Accused

TAKE NOTICE that I, ............................., Clinical Director of ..................., a designated centre within the meaning of Section 3 of the Criminal Law (Insanity) Act 2006 hereby give notice that I have formed the opinion that, one .............................. of ...................., a patient detained at the said designated centre pursuant to Section 4 of the Criminal Law (Insanity) Act 2006 and/or Section 202 of the Defence Act 1954 is no longer unfit to take his/her trial for the offence(s) of ...........................

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

Signed

Clinical Director

To the Court-Martial Administrator at ................

Form 8

DEFENCE ACT 1954, SECTIONS 199 and 200

COURT-MARTIAL RULES 2008, rules 33, 35, 36 and 77

FORMS OF OATHS AND DECLARATIONS

OATH

MEMBERS OF BOARD

I swear by Almighty God that I will well and truly try the accused (or accused persons) before the Court-Martial according to the evidence, and that I will duly administer justice according to the Defence Act now in force and the Court-Martial Rules made thereunder, without partiality, fear, favour or affection, and I do further swear that I will not on any account at any time whatsoever, disclose or discover the vote or opinion of any particular member of this Court-Martial, unless thereunto required in due course of law.

SHORTHAND WRITER, STENOGRAPHER OR RECORDER

I swear by Almighty God that I will truly take down or record to the best of my power the evidence to be given before this Court-Martial and such other matters as may be required, and will, when required, deliver to the Court a true transcript of the same.

INTERPRETER

I swear by Almighty God that I will to the best of my ability truly interpret and translate, as I shall be required to do, the matters before this Court-Martial.

WITNESS

I swear by Almighty God that the evidence which I shall give before this Court-Martial shall be the truth, the whole truth, and nothing but the truth.

MANNER OF TAKING THE OATH

A person taking the oath shall hold the New Testament or, if of a faith other than Christian, the appropriate holy book, in his or her hand, and shall repeat the oath after the person administering it.

SOLEMN DECLARATIONS

The form of declaration shall be the same as the form of oath except that for the words “I swear by Almighty God” shall be substituted the words “I (name in full) do solemnly promise and declare”; and that the words “solemnly promise and declare” shall be substituted for the word “swear” wherever it occurs.

Form 9

DEFENCE ACT 1954, PART V

COURT-MARTIAL RULES 2008, rules 56 and 61

FINDING

The Court find the accused No. .................. Rank.

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

GUILTY of theCharge(s*)

NOT GUILTY of the Charge(s*)

Signed at

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

Military Judge

General / Limited / *Summary Court-Martial

SENTENCE

The Court sentence the accused No. .................. Rank.

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

Signed at

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

Military Judge

General / Limited / *Summary Court-Martial

*Delete where inapplicable

Form 10

DEFENCE ACT 1954, SECTION 212A

COURT-MARTIAL RULES 2008, rule 63(1)

ORDER SUSPENDING A SENTENCE OF IMPRISONMENT/ DETENTION SUBJECT TO CONDITIONS AND RECOGNISANCE

Director of Military Prosecutions Prosecutor

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

Unit............................... Accused

UPON CONVICTION on the ........... day of ....................... 20 .... of the above-named offender of ............................................ by a General Court-Martial/a Limited Court-Martial/*the Summary Court-Martial of the following offence—

That he/she did ......................... contrary to ....................................

The Court-Martial sentenced the said offender to a term of imprisonment/detention of ...................

THE COURT-MARTIAL HEREBY ORDERS THAT

Subject to the said offender entering into a recognisance to comply with the conditions of, or imposed in relation to this order, the execution of

the whole of the sentence of imprisonment/detentionpart of the sentence of imprisonment/detention comprising the term of .........................

be and is hereby suspended [for the period of ............, until the ....... day of .......... 20. ..] [until further order of this Court-Martial].

CONDITIONS

IT IS A CONDITION OF THIS ORDER that the said offender shall keep the peace and be of good behaviour during

the period of suspension of the sentencethe period of imprisonment/detention and the period of suspension of the sentence

And the court-martial considering (a) that it is appropriate having regard to the nature of the offence and (b*) that it will reduce the likelihood of the said offender committing any other offence.

IT IS A CONDITION OF THIS ORDER that

[here insert any condition imposed in accordance with Section 212A(4) of the Defence Act 1954 ]

*IT IS A CONDITION OF THIS ORDER that

[here insert any condition imposed in accordance with Section 212A(5) of the Defence Act 1954 , e.g. (a) that the offender co-operate with such support services and to such extent as may be specified by the Military Judge;

(b) that the offender 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]

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

Signed

Military Judge

RECOGNISANCE

Whereas upon conviction on the ........... day of ................. 20 .... of the offence that he/she did ............................................. contrary to ........................., the offender was sentenced to a term of imprisonment/detention of

THE COURT-MARTIAL ORDERED THAT execution of

*the whole of the sentence of imprisonment/detention

part of the sentence of imprisonment/detention comprising the term of ....................... be suspended [for the period of ............, until the ....... day of ............ 20. .. ]*[until further order of the Court-Martial]

subject to the offender entering into a recognisance *in the sum specified to comply with the conditions of, or imposed in relation to the said order, and conditionally on his/her compliance with the further provisions of said order as set out above until the ..... day of ....................... 20 .....

I ................................................ of ................................................

the above-named offender enter into this recognisance to comply with the conditions of the order set out above until the ....... day of ............ 20 ...

And on such compliance, then this recognisance shall be void, save in respect of any breach of any condition thereof during the period of the said recognisance or else to stand in full force and effect.

*Further, I acknowledge myself to owe to the State the sum of € .................

to the use of the Minister for Finance if I fail to comply with any of the conditions set out herein

Offender

Acknowledged before me this ............ day of................. 20 ......

Signed

*Military Judge

Governor/Officer in charge of * ............................. Prison/*the place of detention at

To the Governor of the prisondetention barrack at

*Delete where inapplicable

Form 11

DEFENCE ACT 1954, SECTION 212A(11)(b)

COURT-MARTIAL RULES 2008, rule 63(2)

APPLICATION TO FIX A DATE FOR APPLICATION TO REVOKE SUSPENSION OF SENTENCE

Director of Military Prosecutions Prosecutor

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

Unit............................... Accused

Director of Military Prosecutions Applicant

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

I hereby apply under section 212A(11)(b) of the above-mentioned Act for the fixing of a date for the hearing of my application for an order revoking the Court’s said order under Section 212A(2) of the said Act on the grounds that I have reasonable grounds for believing that the said offender has contravened the condition that ..................

[insert condition contravened]

The grounds for such application are as follows

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

Signed ...

[for] Director of Military Prosecutions

To the Court-Martial Administrator

*Delete where inapplicable

Form 12

DEFENCE ACT 1954, SECTION 212A(14)

COURT-MARTIAL RULES 2008, rule 63(4)

ORDER FOR ARREST

Director of Military Prosecutions Prosecutor

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

Unit .......................................... of Applicant

To the Provost Marshal

WHEREAS on the ......... day of .............. 20.... a notice was issued requiring the

above-named person of

to appear before a ......... court-martial to be held 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 him/her on the ........ day of ......... 20. ....

AND WHEREAS the said person has failed to appear at the said time and place;

AND WHEREAS it has been duly proved that the notice was served upon the said person in accordance with the Court-Martial Rules;

THIS IS TO COMMAND YOU to whom this order is addressed to arrest

and to bring him/her before me to be dealt with according to law.

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

Signed

Military Judge

*Delete where inapplicable

Form 13

DEFENCE ACT 1954, SECTION 203

CRIMINAL LAW (INSANITY) ACT 2006, Section 5(2)

COURT-MARTIAL RULES 2008, rule 64(2)

COMMITTAL WARRANT (NOT GUILTY BY REASON OF INSANITY)

Director of Military Prosecutions Prosecutor

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

Unit ............................... Accused

To the Provost Marshal

WHEREAS the above-named accused was this day before a ............... Court-Martial, charged with the offence(s) set out on the attached copy Charge Sheet(s)

AND WHEREAS the Court-Martial has returned a special verdict pursuant to

*Section 5(1) of the Criminal Law (Insanity) Act 2006

Section 203 of the Defence Act 1954

to the effect that the accused person is not guilty by reason of insanity

AND WHEREAS the Court-Martial considers that the accused 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

AND WHEREAS the military judge has consulted with a clinical director of a designated centre

THIS IS TO COMMAND YOU to whom this warrant is addressed to deliver the said accused person to the designated centre at ..................................................

and to lodge the said accused person in the said designated centre for in-patient care or treatment pending the making of an order under section 13 of the Criminal Law (Insanity) Act 2006 .

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

Signed

Military Judge

Copy to the Clinical Director at

*Delete where inapplicable

Form 14

DEFENCE ACT 1954, PART V

CRIMINAL LAW (INSANITY) ACT 2006, Section 5(3)(a)

COURT-MARTIAL RULES 2008, rule 64(3)

COMMITTAL WARRANT AND DIRECTION FOR EXAMINATION (NOT GUILTY BY REASON OF INSANITY)

Director of Military Prosecutions Prosecutor

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

Unit ................................ Accused

To the Provost Marshal

WHEREAS the above-named accused was this day before a .........Court-Martial, charged with the offence(s) set out on the attached copy Charge Sheet(s)

AND WHEREAS the Court-Martial has returned a special verdict pursuant to section 5(1) of the Criminal Law (Insanity) Act 2006 to the effect that the accused person is not guilty by reason of insanity

AND WHEREAS the proceedings have been adjourned to ............ on the .... day of .............20..... at ...........hours

AND WHEREAS the Court-Martial considers that the accused person found not guilty by reason of insanity is suffering from a mental disorder (within the meaning of the Mental Health Act 2001 ) and may be in need of in-patient care or treatment in a designated centre

THIS IS TO COMMAND YOU to whom this warrant is addressed to deliver the said accused person to the designated centre at........... ..............................and to lodge the said accused person in the said designated centre there to be detained pursuant to section 5(3)(a) of the Criminal Law (Insanity) Act 2006 by the clinical director of the designated centre until the above time of adjournment, being a period not exceeding fourteen days from the date hereof, when you shall have said accused person at the said sitting to be further dealt with according to law

AND THE COURT-MARTIAL DIRECTS THAT the said accused person be examined by an approved medical officer at the said designated centre and the approved medical officer concerned is required by section 5(3)(c) of the said Act of 2006 to report to the court within the period of committal hereby authorised (or any extended period authorised by the Court under section 5(3)(b) of the said Act of 2006) on whether in his/her opinion the said accused person 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.

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

Signed

Military Judge

Copy to the Clinical Director at *Delete if inapplicable

Form 15

DEFENCE ACT 1954, PART V

CRIMINAL LAW (INSANITY) ACT 2006, SECTION 5(3)(b)

COURT-MARTIAL RULES 2008, rule 64(4)

NOTICE OF APPLICATION TO EXTEND PERIOD OF COMMITTAL

Director of Military Prosecutions Prosecutor

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

Unit............................ Accused

TAKE NOTICE that application will be made to the .................... Court-Martial at the sitting to be held at ........................ on the .... day of ............. 20 ..... at ........... hours

under section 5(3)(b) of the Criminal Law (Insanity) Act 2006 for an order extending the period of committal of the above-named accused in the specified designated centre at ............................................ for a further period of ................................

for the purpose of

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

Signed

Accused/Solicitor for the accused / *Prosecutor

To the Court-Martial Administrator

And to Prosecutor / Accused

And to the Clinical Director

*Delete where inapplicable

Form 16

DEFENCE ACT 1954, SECTION 225

COURT-MARTIAL RULES 2008, rule 65(1)

NOTICE OF APPLICATION FOR RESTITUTION UNDER SECTION 225

Director of Military Prosecutions Prosecutor

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

Unit ............................ Accused

Injured Party/Applicant

WHEREAS in proceedings entitled as above, a .............. Court-Martial has convicted the above-named accused (hereinafter referred to as “the convicted person”) of ..................................................................... of the following offence under *Section 155 * Section 156 of the Defence Act 1954 —

AND WHEREAS the above-named applicant has suffered loss to property resulting from that offence

AN APPLICATION will be made to the Court-Martial on †....................... 20 ..... pursuant to Section 225 of the Defence Act 1954

FOR AN ORDER that the said convicted person

*restore the following property to the applicant

*pay the sum of €................ /pay such sum as may be ordered by way of compensation to the applicant

*AND FOR DIRECTIONS as to how such compensation be paid.

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

Signed

Applicant/Solicitor for Applicant

To the Court-Martial Administrator

And to Accused

*Delete where inapplicable

†Date to be inserted by Court-Martial Administrator

Form 17

DEFENCE ACT 1954, SECTION 225

COURT-MARTIAL RULES 2008, rule 65(4)

ORDER FOR RESTITUTION

Director of Military Prosecutions Prosecutor

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

Unit ............................ Accused

Injured Party

WHEREAS in proceedings entitled as above, a ............. Court-Martial has on this day convicted the above-named accused (hereinafter referred to as “the convicted person”) of of the following offence under *Section 155 * Section 156 of the Defence Act 1954 —

AND WHEREAS the above-named injured party has suffered loss to property resulting from that offence

the Court-Martial, having regard to the evidence given and the representations made herein, hereby ORDERS pursuant to Section 225 of the Defence Act 1954 that the said convicted person

*restore the following property to the injured party

*pay the sum of €................ to the injured party

[AND DIRECTS that such compensation be paid—

*(in one payment, to be made not later than the ...... day of ............. 20 ....,)

(by .......... consecutive weekly *monthly instalments of €..... each and a final balance of €.........., the first of such instalments to be paid on ...... day of ................ 20 .....,)

AND FURTHER DIRECTS that all payments made under this order shall be made to the Court-Martial Administrator, for transmission to the injured party.]

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

Signed

Military Judge

*Delete where inapplicable

Form 18

DEFENCE ACT 1954, SECTION 193(3)

COURT-MARTIAL RULES 2008, rule 69

DISSOLUTION OF GENERAL/LIMITED COURT-MARTIAL

In accordance with Section 193 of the Defence Act 1954 , ........................, military judge, ordered the DISSOLUTION of the GENERAL/LIMITED COURT-MARTIAL assembled on the ..... day of .................. 20 .... at

for the following reason(s)

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

Signed

Court-Martial Administrator

To: Director of Military Prosecutions

To: Accused

*Delete where inapplicable

Form 19

DEFENCE ACT 1954, PART V

COURT-MARTIAL RULES 2008, rule 72(1)

NOTICE OF INTENTION TO CALL A WITNESS WHOSE EVIDENCE IS NOT CONTAINED IN THE SUMMARY OR ABSTRACT OF EVIDENCE

Director of Military Prosecutions Prosecutor

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

Unit ............................... Accused

To the above-named accused—

Take notice that at your trial by General/Limited Court-Martial before the Summary Court-Martial to be held at....................... on the......... day of...................... 20...., the undermentioned, whose evidence is not contained in the Summary (or Abstract) of Evidence given to you, will be called as a witness to give evidence as to (Here set out briefly the purport of the evidence to be given by the witness.*)

Name and Address or No., Rank, Name and Unit of Witness

A written statement of the evidence to be given by the witness is/is not attached to this notice.

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

Signed

Prosecutor

Copy to the Court-Martial Administrator

*Delete where inapplicable

Form 20

DEFENCE ACT 1954, SECTION 207

COURT-MARTIAL RULES 2008, rule 74(4)

SUMMONS TO CIVILIAN WITNESS TO COURT-MARTIAL

To .................................................. of

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

Unit

on the charge of ....................................

YOU ARE HEREBY SUMMONED to attend and to give evidence on the trial of the said charge, at the sitting of the General/Limited/*Summary Court-Martial to be held at ......... on the .... day of ............. 20 .... at ........... hours and so to attend from day to day until you shall be duly discharged

*AND YOU ARE REQUIRED TO BRING WITH YOU the following documents, records or things

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

Signed

*Commanding Officer of Accused

*Court-Martial Administrator

*Military Judge.

NOTE:

If, without just cause or excuse, you disobey this summons, you commit an offence under section 208 of the Defence Act 1954 and on summary conviction for such offence you are liable to a fine not exceeding €3,000 or to imprisonment for a term not exceeding twelve months or to both such fine and such imprisonment.

*Delete where inapplicable

Form 21

DEFENCE ACT 1954, PART V

COURT-MARTIAL RULES 2008, rule 85(4)

STATUTORY DECLARATION AS TO SERVICE

[Director of Military Prosecutions Prosecutor

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

Unit..................... Accused]

I,.................................................. of

aged sixteen years and upwards, do solemnly and sincerely declare

that I served ........................................... in these proceedings *(a copy of which is attached) on ................................... at ................................................. on the ...... day of ..................... 20 ......,

Personal Service / Delivery by Hand

by delivering the same to ....................................... in person

by delivering the same by leaving it in an envelope addressed to ..........................., at ................................ being ..........................’s last or most usual place of abode

Service by Post

by posting a copy thereof at ....................... Post Office at ....... a.m./p.m. on the ............ day of ........................ 20 ........, in a prepaid envelope addressed to .............................. at ................................................ and the certificate of posting of the said envelope is attached hereto

and the said envelope has not been returned undelivered to me.

Fax/Electronic Service

by transmitting the same by fax to the fax number ............. which ...................... has provided and the confirmation report for the said fax transmission is attached hereto.

by transmitting the same by electronic mail to the electronic mail address ............. which ...................... has provided and a print of the confirmation of delivery report for the said electronic mail is attached hereto.

I am authorised by .................................................... to serve the same.

AND I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act 1938 .

Signed

Declared before me by......................................................*(who is personally known to me)

*(who is identified to me by.............................................. who is personally known to me)

at ........................... in the County of ..................... this .... day of ......... 20....

Signed

Commissioner for Oaths/Practising Solicitor (or)

Peace Commissioner

*This declaration shall be made not earlier than three days after the day on which the envelope is posted, where service by post is applicable.

*Delete words or sections which are not applicable.

Form 22

DEFENCE ACT 1954, PART V

COURT-MARTIAL RULES 2008, rule 87(2)

ORDER FOR COMMITTAL TO A DETENTION BARRACK ON SENTENCE BY COURT-MARTIAL OF DETENTION

Director of Military Prosecutions Prosecutor

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

Unit ............................ Accused

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

WHEREAS the above-named accused ................................., was by

*a Limited/General Court-Martial held at ..............

*the Summary Court-Martial sitting at ..............

on the .......... day of .................... 20 ..... convicted of the offence of.................. and sentenced to detention for a period of ......................................... commencing on the .......... day of ................. 20 .....

NOW, therefore, I, the undersigned do hereby pursuant to the Defence Act 1954 , and of all other Acts and powers enabling me in this behalf, order you to receive the said ..................................... into your custody, and detain him/her to undergo his/her said sentence according to law, and for so doing this shall be your warrant.

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

Military Judge

*Delete where inapplicable

Form 23

DEFENCE ACT 1954, PART V

COURT-MARTIAL RULES 2008, rule 87(2)

ORDER FOR COMMITTAL TO A PRISON ON SENTENCE BY COURT-MARTIAL OF IMPRISONMENT

Director of Military Prosecutions Prosecutor

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

Unit ............................... Accused

To the Governor or Officer in charge of the prison military prison at ...........................

WHEREAS the above-named accused ....................................., was by

*a Limited /General Court-Martial held at ..............

*the Summary Court-Martial sitting at ..............

on the .......... day of ..................... 20..... convicted of the offence of.................. and sentenced to be imprisoned for a period of ......................................... commencing on the .......... day of .................... 20 .....

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

Military Judge

*Delete where inapplicable

EXPLANATORY NOTE

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

The purpose of these Rules is to regulate the pleading, practice and procedure generally in all proceedings before courts-martial under Part V of the Defence Act 1954 .

This document does not substitute the official text published in the Irish Statute Book. We accept no responsibility for any inaccuracies arising from the transcription of the original into this format.

This text is published under Irish Statute Book's own terms of reuse, not a Legalize or public-domain licence. Irish Statute Book
CC-BY 4.0 (Oireachtas Open Data PSI Licence)
Contains Irish Public Sector Information licensed under the Oireachtas (Houses of the Oireachtas) Open Data PSI Licence / Creative Commons Attribution 4.0 International, sourced from https://www.irishstatutebook.ie.