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S.I. No. 555/2019 - Rules of Procedure (Defence Forces) 2019

Type Statutory Instrument

Publication 2019-11-12

Last updated 2024-11-08

State In force superseded text

Text As published

Source Irish Statute Book

articles 77

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 · 2024-11-08, S.I. No. 611/2024 - Rules of Procedure (Defence Forces) (Amendment) Rules 2024

Reform history JSON API

61.

The proceedings of a court of inquiry and any confession, statement or answer to any question made or given at a court of inquiry shall not be admissible in evidence against any person subject to military law, nor shall any evidence respecting the proceedings of a court of inquiry be given against any such person except upon his or her trial in respect of an offence under section 162 or 169 of the Act for committing the civil offence of perjury.

Findings not admissible in evidence

62.

A finding of a court of inquiry shall not be admissible in evidence, nor shall any question be asked of any witness in relation thereto.

When copy of proceedings and findings to be furnished

63.

(1) A copy of the proceedings and findings of a court of inquiry delivered to a person whose trial by court-martial has been ordered under section 181 of the Act shall be delivered to such person free of charge.

(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

64.

(1) A court of inquiry under section 174 of the Act shall examine all witnesses who intend to come forward on behalf of the absentee.

(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 21.

Boards

65.

(1) Subject to rule 67, a Board appointed by a convening authority shall examine and, if so directed, report to the convening authority upon any service subject referred to them by a convening authority.

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

Convening authorities for Boards

66.

A Board may be convened by any of the authorities mentioned in rule 47 or by any of the following—

(a) a Director of a Corps or Service,

(b) the Director, Defence Forces Training,

(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, or

(h) the Provost Marshal.

Composition of Board

67.

A Board may be composed of any number of members but in no case shall the board be composed of less than 2 members.

Procedure of board

68.

A Board shall, as far as may be convenient and practicable, follow the rules for a court of inquiry.

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

Prescribed officer

69.

Each of the officers specified in column 2 of the table to this rule is hereby declared to be a prescribed officer for the purpose of the section or subsection, as the case may be, of the Act specified in column 1 of that table opposite the mention of each such officer.


Provision of the Act (1)	Prescribed Officer (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

70.

The Minister, the Deputy Chief of Staff (Support), any General or Flag Officer and the commanding officer of a military prisoner or personnel under sentence of detention, as the case may be, is each hereby declared to be a prescribed authority for the purpose of section 230 of the Act.

Prescribed person

71.

The military judge presiding and the Court-Martial Administrator are each hereby declared to be a prescribed person for the purposes of sections 199 and 200 of the Act.

Part 11 — Miscellaneous

Service or delivery of documents

72.

(1) Any document required under these Rules to be transmitted, sent or given to, or served upon, another party or person may be validly transmitted sent, given or served—

(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, or

(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

73.

(1) The Rules set out in Schedule 1 are revoked.

(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

74.

Where a person subject to military law (not on active service) is detained in service custody for a period of 10 days without having his or her case summarily disposed of or without a prosecution file being forwarded to the Director in accordance with rule 17, the commanding officer or other officer who should cause the summary or abstract of evidence to be taken or prepared, shall promptly report to the Director on the steps taken in the case and on the necessity for continued custody. A similar report shall be forwarded every 10 days until a prosecution file is forwarded to the Director or the person is released from custody. The reports required by this rule shall be in Form 22.

Where no rule provided

75.

In any case not provided for by the Act or these Rules such course shall be adopted as appears best calculated to do justice.

Exercise of powers vested in holder of military office

76.

Any power or jurisdiction given to, and any act or thing to be done by, to or before any person holding any military office for the purpose of these Rules, may be exercised by, or done by, to or before any other person for the time being authorised in that behalf according to the custom of the service.

Forms

77.

The Forms in Schedule 3 should be followed in any case in which they are applicable.

Schedule 1 — Statutory Instruments Revoked

rule 73(1)


S. I. No.	TITLE
204 of 2008	Rules of Procedure (Defence Forces) 2008.
581 of 2011	Rules of Procedure (Defence Forces) 2011.
344 of 2012	Rules of Procedure (Defence Forces) (Amendment) Rules 2012.
345 of 2012	Defence Act 1954 (Military Judge) (Form of Oath and Solemn Declaration) Rules 2012.

Schedule 2 — Form of oath

rule 3

Part 1

“Mionnaímse, , i láthair Dia na nUilechumhacht go gcomhlíonfaidh mé go cuí agus go dílis, chomh maith agus is eol agus is cumas dom, oifig an Bhreithimh Mhíleata de réir an Achta Cosanta 1954, Rialacha na hArm-Chúirte agus na Rialacha Nós Imeachta déanta dá réir, gan claonadh, gan eagla gan fabhar, gan bá gan drochaigne chun duine ar bith, agus go gcumhdóidh mé Bunreacht na hÉireann agus na dlíthe.”

Part 2

“I, , swear by Almighty God (or —do solemnly and sincerely promise and declare — as the case may be) that I will duly and faithfully and to the best of my knowledge and power execute the office of military judge in accordance with the Defence Act 1954 , the Court-Martial Rules and the Rules of Procedure made thereunder without partiality, fear or favour, affection or ill-will towards any person, and that I will uphold the Constitution and the laws.”

Schedule 3 — Forms

Form 1

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

rule 8(2)

NOTICE OF ABANDONMENT OF APPEAL

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

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

Director of Military Prosecutions

Respondent

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 the determination /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

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 Defence Act 1954 (No. 18 of 1954), by my order

elected to be tried by court-martial under section 177B(2) or *178B(2) of the Defence Act 1954 (No. 18 of 1954)

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 (Defence Forces) 2019 is *not attached.

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

Signed:_____

Investigating Officer Authorised Officer *Commanding Officer

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

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

*Delete where inapplicable

Form 4

rule 19

DIRECTION TO CONVENE COURT-MARTIAL

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

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

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:

Court-martial charge-sheet.

Summary or abstract of evidence.

List of witnesses for the Prosecution and Defence (with their present stations).

List of exhibits.

Appointment of prosecutor.

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

Signed:________

Director of Military Prosecutions

*Delete where inapplicable

Form 5

rule 20(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:—

Court-martial charge-sheet.

Summary or abstract of evidence.

List of witnesses for the Prosecution and Defence (with their present stations).

List of exhibits.

Appointment of prosecutor.

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

Signed:___

Director of Military Prosecutions

*Delete where inapplicable

Form 6

rule 20(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 7

rule 24(4)

CERTIFICATE OF CONFORMITY WITH THE PROVISIONS OF RULE 24

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?

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?

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

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

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) and summary 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 (Defence Forces) 2019 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 24

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

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

Form 8

rule 26

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 9

rule 27

ORDER FOR DISSOLUTION OF COURT-MARTIAL

In accordance with section 193 of the Defence Act 1954 (No. 18 of 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 10

rule 28(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(s).

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 11

rule 29(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.

CERTIFICATE OF SERVICE

Promulgation in Unit Routine Orders: Reference:_

Date:____

Signed_________

Commanding Officer

*Delete where inapplicable

Form 12

rule 32(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 28 of the Rules of Procedure (Defence Forces) 2019, on the......day of..........20....

NOW THEREFORE I, Deputy Chief of Staff (Support) of the Defence Forces, in exercise of the powers conferred upon me by section 206 of the Defence Act 1954 (No. 18 of 1954), as amended, and by rule 32 of the Rules of Procedure (Defence Forces) 2019, 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 13

rule 33

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 (No. 18 of 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 (No. 18 of 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 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 of the Defence Act 1954 (No. 18 of 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 (No. 18 of 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 8 days, and for so doing this shall be your warrant.

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

(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 (No. 18 of 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 (No. 18 of 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 (No. 18 of 1954).

Part F - Order for delivery into service custody of a person undergoing imprisonment 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 (No. 18 of 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 (No. 18 of 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.............................................................................................................................. do hereby, in pursuance of the Defence Act 1954 (No. 18 of 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 (No. 18 of 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 (No. 18 of 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 (No. 18 of 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 (No. 18 of 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 (No. 18 of 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 (No. 18 of 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 14

rule 36

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 (No. 18 of 1954) on the ........... day of .................................. 20........ suspending the 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 Defence Act 1954 (No. 18 of 1954) 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 date hereinafter 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-named offender .......................................... 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/Circuit Judge

*Delete where inapplicable

Form 15

rule 40(1)(b)

LIST OF WITNESSES

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 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 16

rule 40(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 17

rule 40(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 18

rule 40(8)

PRELIMINARY INVESTIGATION

CERTIFICATE OF CONFORMITY WITH THE PROVISIONS OF RULE 40

(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?

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 40(1) of the Rules of Procedure (Defence Forces) 2019 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 (Defence Forces) 2019 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.................... day of...................................... 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 40

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

Appointment.........

*Delete where inapplicable

Form 19

rule 41(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 41(3)(e)(i) of the Rules of Procedure (Defence Forces) 2019

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 20

rule 52

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 21

rule 64(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 22

rule 74

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 Military Prosecutions in accordance with the Rules of Procedure (Defence Forces) 2019 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 hand,

30 October, 2019.

PAUL KEHOE

Minister of State at the Department of 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 (No. 18 of 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.

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