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Defence Forces (Temporary Provisions) Act, 1923

What is this act about?

This law establishes and regulates the Defence Forces, outlining their structure, administration, and the rules of discipline that govern their members. It provides the legal framework for the military of Saorstát Éireann.

Who it applies to: All members of the Defence Forces, including officers and soldiers; The Minister and the Executive Council in relation to the control and administration of the Forces.

At a glance

Country
Ireland
Area of law
Education law
Articles
246
Source
irishstatutebook.ie
Text retrieved
Explanation updated

What does this act regulate?

  • The raising, number, and control of the Defence Forces.
  • The organization, administration, and education within the Forces.
  • Discipline, including a comprehensive list of military offences and their punishments.
  • Procedures for Courts-Martial and the execution of sentences.

Who does this act apply to?

  • All members of the Defence Forces, including officers and soldiers.
  • The Minister and the Executive Council in relation to the control and administration of the Forces.

What are the key points?

  • The Act is titled "Defence Forces (Temporary Provisions) Act, 1923".
  • It details numerous offences punishable by Courts-Martial, some with death.
  • It outlines different classes of Courts-Martial: General and Local.
  • It specifies rules for pay, including authorized deductions and automatic forfeitures.

Education law

8
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Local Authorities (Education Scholarships) (Amendment) Act, 1961
Irish Sign Language Act 2017
Youth Work Act, 1997
Vocational Education (Amendment) Act, 1950
Education for Persons with Special Educational Needs Act 2004
Electoral (Amendment) Act 2015
Education (Provision in Respect of Children with Special Needs) Act 2022

Education law

Legal text

Legal text
Contents (246)
  1. Section 1
  2. Section 2
  3. Section 3
  4. Section 4
  5. Section 5
  6. Section 6
  7. Section 7
  8. Section 8
  9. Section 9
  10. Section 10
  11. Section 11
  12. Section 12
  13. Section 13
  14. Section 14
  15. Section 15
  16. Section 16
  17. Section 17
  18. Section 18
  19. Section 19
  20. Section 20
  21. Section 21
  22. Section 22
  23. Section 23
  24. Section 24
  25. Section 25
  26. Section 26
  27. Section 27
  28. Section 28
  29. Section 29
  30. Section 30
  31. Section 31
  32. Section 32
  33. Section 33
  34. Section 34
  35. Section 35
  36. Section 36
  37. Section 37
  38. Section 38
  39. Section 39
  40. Section 40
  41. Section 41
  42. Section 42
  43. Section 43
  44. Section 44
  45. Section 45
  46. Section 46
  47. Section 47
  48. Section 48
  49. Section 49
  50. Section 50
  51. Section 51
  52. Section 52
  53. Section 53
  54. Section 54
  55. Section 55
  56. Section 56
  57. Section 57
  58. Section 58
  59. Section 59
  60. Section 60
  61. Section 61
  62. Section 62
  63. Section 63
  64. Section 64
  65. Section 65
  66. Section 66
  67. Section 67
  68. Section 68
  69. Section 69
  70. Section 70
  71. Section 71
  72. Section 72
  73. Section 73
  74. Section 74
  75. Section 75
  76. Section 76
  77. Section 77
  78. Section 78
  79. Section 79
  80. Section 80
  81. Section 81
  82. Section 82
  83. Section 83
  84. Section 84
  85. Section 85
  86. Section 86
  87. Section 87
  88. Section 88
  89. Section 89
  90. Section 90
  91. Section 91
  92. Section 92
  93. Section 93
  94. Section 94
  95. Section 95
  96. Section 96
  97. Section 97
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  99. Section 99
  100. Section 100
  101. Section 101
  102. Section 102
  103. Section 103
  104. Section 104
  105. Section 105
  106. Section 106
  107. Section 107
  108. Section 108
  109. Section 109
  110. Section 110
  111. Section 111
  112. Section 112
  113. Section 113
  114. Section 114
  115. Section 115
  116. Section 116
  117. Section 117
  118. Section 118
  119. Section 119
  120. Section 120
  121. Section 121
  122. Section 122
  123. Section 123
  124. Section 124
  125. Section 125
  126. Section 126
  127. Section 127
  128. Section 128
  129. Section 129
  130. Section 130
  131. Section 131
  132. Section 132
  133. Section 133
  134. Section 134
  135. Section 135
  136. Section 136
  137. Section 137
  138. Section 138
  139. Section 139
  140. Section 140
  141. Section 141
  142. Section 142
  143. Section 143
  144. Section 144
  145. Section 145
  146. Section 146
  147. Section 147
  148. Section 148
  149. Section 149
  150. Section 150
  151. Section 151
  152. Section 152
  153. Section 153
  154. Section 154
  155. Section 155
  156. Section 156
  157. Section 157
  158. Section 158
  159. Section 159
  160. Section 160
  161. Section 161
  162. Section 162
  163. Section 163
  164. Section 164
  165. Section 165
  166. Section 166
  167. Section 167
  168. Section 168
  169. Section 169
  170. Section 170
  171. Section 171
  172. Section 172
  173. Section 173
  174. Section 174
  175. Section 175
  176. Section 176
  177. Section 177
  178. Section 178
  179. Section 179
  180. Section 180
  181. Section 181
  182. Section 182
  183. Section 183
  184. Section 184
  185. Section 185
  186. Section 186
  187. Section 187
  188. Section 188
  189. Section 189
  190. Section 190
  191. Section 191
  192. Section 192
  193. Section 193
  194. Section 194
  195. Section 195
  196. Section 196
  197. Section 197
  198. Section 198
  199. Section 199
  200. Section 200
  201. Section 201
  202. Section 202
  203. Section 203
  204. Section 204
  205. Section 205
  206. Section 206
  207. Section 207
  208. Section 208
  209. Section 209
  210. Section 210
  211. Section 211
  212. Section 212
  213. Section 213
  214. Section 214
  215. Section 215
  216. Section 216
  217. Section 217
  218. Section 218
  219. Section 219
  220. Section 220
  221. Section 221
  222. Section 222
  223. Section 223
  224. Section 224
  225. Section 225
  226. Section 226
  227. Section 227
  228. Section 228
  229. Section 229
  230. Section 230
  231. Section 231
  232. Section 232
  233. Section 233
  234. Section 234
  235. Section 235
  236. Section 236
  237. Section 237
  238. Section 238
  239. Section 239
  240. Section 240
  241. Section 241
  242. Section 242
  243. Section 243
  244. Section 244
  245. Section 245
  246. Section 246

Defence Forces (Temporary Provisions) Act, 1923 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1923 Defence Forces (Temporary Provisions) Act, 1923 Defence Forces (Temporary Provisions) Act, 1923 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 30.

DEFENCE FORCES (TEMPORARY PROVISIONS) ACT, 1923.

ARRANGEMENT OF SECTIONS Section

Section 1

Short Title and Duration of Act.

Section 2

Definition of expression “on active service”.

Section 3

Definitions.

PART I

CHAPTER I

Establishment of Defence Forces

Section 4

Raising and number of Defence Forces.

Section 5

Control of Forces.

CHAPTER II

Organisation of the Forces

Section 6

Personnel of Forces.

Section 7

General Organisation of Forces.

CHAPTER III

Administration

Section 8

Commissioned ranks in the Forces.

Section 9

Non-commissioned ranks in the Forces.

Section 10

Granting of Commissions.

Section 11

Power to dismiss or dispense with services of any member of the Forces.

Section 12

Power to establish Military Districts.

Section 13

Power to establish Head quarters, etc., Staffs.

Section 14

Officers in executive command.

Section 15

Officers holding commissions during pleasure.

Section 16

Appointment from ranks to commissioned ranks.

Section 17

Resignation of officers.

Section 18

Appointment of officers.

Section 19

Appointment of officers pending completion of period of five years, after the establishment of a Military College.

Section 20

Half-pay and unattached list.

Section 21

Engagement and service in the Forces.

Section 22

Date of Establishment.

CHAPTER IV

Military Education

Section 23

Military College.

Section 24

Classes of Instruction.

Section 25

Officers and non-commissioned officers to be instructed in giving commands in each of official languages of the State.

CHAPTER V

Service in Time of War

Section 26

Liability of members of Forces to be employed on active service.

Section 27

Military Command in time of war.

Section 28

Discharge on service.

CHAPTER VI

Special Powers in Relation to Defence

Section 29

General Powers of Minister with consent of Executive Council.

Section 30

Manoeuvres and training.

CHAPTER VII

Power to make Regulations

Section 31

Regulations.

PART II

CHAPTER I

Discipline

Section 32

Offences in relation to the enemy punishable with death.

Section 33

Offences in relation to the enemy not punishable with death.

Section 34

Offences punishable more severely on active service than at other times.

Section 35

Disclosing information.

Section 36

Mutiny and sedition.

Section 37

Striking or threatening a superior officer.

Section 38

Disobedience to superior officer.

Section 39

Insubordination.

Section 40

Breaking quarters.

Section 41

Neglect to obey orders.

Section 42

Desertion.

Section 43

Connivance at desertion.

Section 44

Fraudulent enlistment.

Section 45

Absence without leave.

Section 46

Scandalous conduct of an officer.

Section 47

Fraud by persons in charge of moneys or goods.

Section 48

Malingering or inducing injury. Disgraceful conduct.

Section 49

Drunkenness.

Section 50

Permitting escape of prisoners.

Section 51

Irregular arrest or confinement Escaping.

Section 52

Offences in relation to property.

Section 53

Falsifying official documents and false declarations.

Section 54

False accusation.

Section 55

False accusation or false statement.

Section 56

Offences in relation to Courts-Martial.

Section 57

False evidence.

Section 58

Offences in relation to billeting.

Section 59

Offences in relation to impressment of carriages and their attendants.

Section 60

Travelling without ticket, etc.

Section 61

Offences in relation to enlistment.

Section 62

General offences in relation to enlistment.

Section 63

Ill-treating a soldier.

Section 64

Ill-treating a person in military custody.

Section 65

Withholding pay.

Section 66

Wounding through negligence. Offences in relation to firearms.

Section 67

Refusal to hand over offender to Civil authority.

Section 68

Conduct to the prejudice of good order and military discipline.

Section 69

Offences punishable by ordinary law of Saorstát Éireann.

Section 70

Scales of punishments which may be awarded by Courts-Martial.

Section 71

Effect of certain sentences.

Section 72

Permitted combination of punishments.

Section 73

Restrictions on sentences.

Section 74

Power to place offender in arrest.

Section 75

General as to arrest.

Section 76

Guard Report.

Section 77

Charge to be investigated without delay.

Section 78

Charges against an officer below the rank of Commandant which may be summarily dealt with.

Section 79

Punishments which may be summarily awarded to an officer below the rank of Commandant.

Section 80

Charges against a soldier which may be summarily dealt with.

Section 81

Punishments which may be summarily awarded to a non-commissioned officer.

Section 82

Punishments which may be summarily awarded to a private soldier by a Commanding Officer.

Section 83

Punishments which may be summarily awarded to a private soldier by a Company Commander.

Section 84

Investigation of a charge against an officer.

Section 85

Investigation of a charge against a non-commissioned officer.

Section 86

Investigation of a charge against a private soldier.

Section 87

Procedure on investigation of a charge against an officer, non-commissioned officer or private soldier.

Section 88

Acquittal or conviction by Civil Court or Court-Martial to be a bar to summary proceedings.

Section 89

Restriction on jurisdiction of Courts-Martial.

Section 90

Classes of Courts-Martial.

Section 91

General Courts-Martial.

Section 92

Local Courts-Martial.

Section 93

Disqualifications for membership of Courts-Martial.

Section 94

Challenges by accused.

Section 95

Swearing of Court.

Section 96

Plea in bar.

Section 97

Evidence to be on oath.

Section 98

Right of accused and his wife to give evidence.

Section 99

Rules of evidence to be the same as in Civil Courts.

Section 100

Finding.

Section 101

Conviction of offence other than offence charged with.

Section 102

Voting generally.

Section 103

Death Sentence.

Section 104

Sentences generally.

Section 105

Procedure generally.

Section 106

Right of Prosecutor and accused to be represented by a legal advisor.

Section 107

Position of legal adviser at Courts-Martial.

Section 108

Summoning and privilege of witnesses at Courts-Martial.

Section 109

Misconduct of civilian witness at Court-Martial.

Section 110

Insanity of accused at trial. Finding in case of insanity of accused at time of commission of offence.

Section 111

Insanity of person imprisoned or undergoing detention.

Section 112

Right of person tried to copy of proceedings.

Section 113

Finding and sentence not to be valid unless confirmed.

Section 114

Confirming authorities.

Section 115

Powers of confirming authority.

Section 116

Procedure where finding or sentence sent back for revision.

Section 117

Execution of sentence of penal servitude.

Section 118

Execution of sentence of imprisonment or detention.

Section 119

Inquiry by Court on absence of a soldier.

Section 120

Confession by soldier of desertion or fraudulent enlistment.

Section 121

Power as to restitution of stolen property.

Section 122

Mode of complaint by officer.

Section 123

Mode of complaint by soldier.

Section 124

Military command.

Section 125

Power to Minister to make rules of procedure.

CHAPTER II

Pay

Section 126

Authorised deductions from pay only to be made.

Section 127

Automatic forfeiture of pay of officers.

Section 128

Automatic forfeiture of pay of soldiers.

Section 129

Definition of expression “Day”.

Section 130

Deductions from ordinary pay of officers which may be made.

Section 131

Deductions from ordinary pay of soldiers which may be made.

Section 132

How automatic forfeiture of and deductions from ordinary pay may be remitted.

Section 133

Supplemental as to deductions from ordinary pay.

Section 134

Prohibition of assignment of pay, etc.

Section 135

Punishment of false oath and personation.

CHAPTER III

Prisons and Detention Barracks

Section 136

Duty of Governor of prison to receive prisoners, deserters and absentees without leave.

Section 137

Establishment and regulation of military prisons.

Section 138

Classification of prisoners.

CHAPTER IV

Exemptions of Officers and Soldiers

Section 139

Exemptions of officers and soldiers from tolls.

Section 140

Exemption of soldiers in respect of civil process.

Section 141

Liability of soldier to maintain wife and children.

Section 142

Officers not to be sheriffs or mayors.

Section 143

Exemption from jury.

CHAPTER V

Enlistment

Section 144

Limit of original enlistment.

Section 145

Terms of original enlistment.

Section 146

Change of conditions of service.

Section 147

Reckoning of service.

Section 148

Mode of enlistment and attestation.

Section 149

Power of recruit to purchase discharge.

Section 150

Enlistment for general service and appointment to corps.

Section 151

Effect of appointment to a corps and provision for transfers.

Section 152

Re-engagement of soldier.

Section 153

Continuance in service after 21 years' service.

Section 154

Re-engagement and continuance of service of non-commissioned officers.

Section 155

Prolongation of service in certain cases.

Section 156

In imminent national danger the Executive Council may continue soldiers in army service or call out the Reserve on permanent service.

Section 157

Discharge or transfer to Reserve.

Section 158

Delivery of lunatic soldier on discharge with his wife or child at workhouse or of dangerous lunatic at asylum.

Section 159

Regulations as to discharge of soldiers.

Section 160

Regulations as to persons to enlist and enlistment of soldiers.

Section 161

Claims of masters to apprentices.

Section 162

Penalty for unlawful recruiting.

Section 163

Recruits punishable for false answers.

Section 164

Validity of attestation and enlistment or re-engagement.

Section 165

Definition for purposes of Part II. Chapter V. of prescribed military authority.

CHAPTER VI

Billeting and Impressment of Carriages Billeting of Officers, Soldiers and Horses

Section 166

No billeting save as authorised by this Act.

Section 167

Obligation of constable to provide billets.

Section 168

Liability to provide billets.

Section 169

Officers, soldiers and horses entitled to be billeted.

Section 170

Accommodation and payment on billet.

Section 171

Annual list of keepers of victualling houses liable to billets.

Section 172

Regulations as to grant of billets.

Section 173

Billeting in case of emergency.

Section 174

Offences by constables.

Section 175

Offences by keepers of victualling houses.

Section 176

Offences by officers or soldiers.

Section 177

Supply of carriages, etc. for regimental baggage and stores on the march.

Section 178

Payment and regulations as to carriages, etc.

Section 179

Annual list of persons liable to supply carriages and animals.

Section 180

Impressment of carriages, etc., in cases of emergency.

Section 181

Offences by constables.

Section 182

Offences by persons ordered to furnish carriages, animals, vessels, etc.

Section 183

Offences by officers or soldiers.

Section 184

Application to Court of Summary Jurisdiction respecting sums due to keepers of victualling houses or owners of carriages, etc.

Section 185

Provisions as to constables, police authorities and peace commissioners.

Section 186

Fraudulent claim for carriages, animals, etc.

CHAPTER VII

Legal Penalties in Matters respecting the Forces

Section 187

Punishment for pretending to be a deserter.

Section 188

Punishment for inducing officers or soldiers to desert or absent themselves without leave.

Section 189

Penalty for interference with military duties, etc.

Section 190

Apprehension of deserters.

Section 191

Penalty on trafficking in commissions.

Section 192

Penalty on purchasing from soldiers regimental necessaries, equipment, stores, etc., and for unlawful possession of military certificates, etc.

Section 193

Unauthorised use of decorations, etc.

CHAPTER VIII

Jurisdiction

Section 194

Liability to military law in respect of status.

Section 195

Adjustment of military and civil law.

CHAPTER IX

Evidence

Section 196

Certain matters and documents to be evidence.

Section 197

Evidence of conviction or civil acquittal.

Section 198

Evidence of conviction by Court-Martial.

CHAPTER X

Summary and Other Legal Proceedings

Section 199

Prosecution of offences and recovery and application of fines.

Section 200

Protection of persons acting under this Act.

CHAPTER XI

Miscellaneous

Section 201

Exercise of powers vested in holder of military office.

Section 202

Provisions as to warrants and orders of military authorities.

Section 203

Furlough in case of sickness.

Section 204

Licences of canteens.

Section 205

Use of recreation rooms without licence.

Section 206

Conveyance of the Forces by railway.

Section 207

Sanction of Finance Minister necessary for regulations.

CHAPTER XII

Application of Military Law

Section 208

Persons subject to military law as officers.

Section 209

Persons subject to military law as soldiers.

PART III

The Reserve

Section 210

Raising and number of Reserve.

Section 211

Control of the Reserve.

Section 212

Personnel of the Reserve.

Section 213

Composition of Reserve of Officers.

Section 214

Composition of Reserve of Men.

Section 215

General organisation of the Reserve.

Section 216

Orders and regulations as to the Reserve.

Section 217

Date of establishment of the Reserve.

Section 218

Calling out the Reserve in aid of the civil power.

Section 219

Punishment of certain offences by Reserve men.

Section 220

Training of Reserve men.

Section 221

Calling out the Reserve on permanent service.

Section 222

Assembly of both Houses of the Oireachtas when the Reserve is ordered to be called out on permanent service.

Section 223

Service of Reserve men called out.

Section 224

Punishment for non-attendance for annual training or permanent service, etc.

Section 225

Supplemental provisions as to deserters and absentees.

Section 226

Punishment for inducing Reserve man to desert or absent himself.

Section 227

Record of illegal absence of Reserve man.

Section 228

Exercise of powers vested in holder of military office.

Section 229

Application to the Reserve of enactments respecting exemption from tolls and conveyance of the Forces.

Section 230

Notices.

Section 231

Trial of offences.

Section 232

Provisions as to offences.

Section 233

Evidence.

PART IV

Transitory Provisions

Section 234

Duration of this Part of Act.

Section 235

National Forces as at present constituted to be armed forces mentioned in Article 46 of the Constitution.

Section 236

Provisions as to command-in-chief and administrative and executive powers.

Section 237

General organisation of the National Forces.

Section 238

Orders and regulations now in force to have effect.

Section 239

Liability of soldiers now serving in National Forces.

Section 240

Officers.

Section 241

Power to dismiss officer or soldier.

Section 242

Application of Part II. of Act.

Section 243

Application of Section 2 of Act.

Section 244

Provision as regards Article 71 of the Constitution.

Section 245

Power to make Regulations.

Section 246

Definitions.

FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE FOURTH SCHEDULE FIFTH SCHEDULE SIXTH SCHEDULE SEVENTH SCHEDULE EIGHTH SCHEDULE Number 30.

DEFENCE FORCES (TEMPORARY PROVISIONS) ACT, 1923.

AN ACT TO MAKE TEMPORARY PROVISIONS IN RELATION TO THE DEFENCE OF SAORSTÁT EIREANN AND OTHER MATTERS INCIDENTAL THERETO. [3rd August, 1923.] WHEREAS it is provided by Article 46 of the Constitution that the Oireachtas has the exclusive right to regulate the raising and maintaining of such armed forces as are therein referred to, and that every such armed force shall be subject to the control of the Oireachtas:

AND WHEREAS it is provided by Article 70 of the Constitution that no one shall be tried save in due course of law and extraordinary Courts shall not be established, save only such military tribunals as may be authorised by law for dealing with military offenders against military law:

AND WHEREAS it is provided by Article 71 of the Constitution that a member of the armed forces of Saorstát Eireann not on active service shall not be tried by any court-martial or other military tribunal for an offence cognisable by the Civil Courts, unless such offence shall have been brought expressly within the jurisdiction of Courts-Martial or other Military Tribunal by any code of laws or regulations for the enforcement of military discipline which might be thereafter approved by the Oireachtas:

AND WHEREAS it is a matter of urgent necessity to provide a code of laws and regulations for the enforcement of military discipline in the existing armed forces of Saorstát Eireann and such other armed forces as may be raised under this Act:

BE IT THEREFORE ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:— Preliminary.

Short Title and Duration of Act.

1.—This Act may be cited for all purposes as the Defence Forces (Temporary Provisions) Act, 1923.

This Act shall continue in force until other provisions shall have been made by law for the defence of Saorstát Eireann and shall not in any case continue in force after a period of one year from the date of the passing hereof.

Definitions.

Definition of expression “on active service.”

2.—(1) In this Act, if not inconsistent with the context, the expression “on active service” as applied to a person subject to military law means whenever he is attached to or forms part of a force which is engaged in operations in a place wholly or partly occupied by the enemy.

(2)Where the Executive Council declares at any time or times that by reason of the imminence of active service or the recent existence of active service, it is necessary for the public service that the armed forces to be raised under this Act should be temporarily subject to this Act as if they were on active service, then, on the publication in the Iris Oifigiúil of any such declaration, the forces to which the declaration applies shall be deemed to be on active service for the period mentioned in the declaration.

Definitions.

3.—In this Act the following expressions shall, where the context so admits, have the meanings respectively assigned to them by this Section, that is to say:—

(1)The expression “The Minister” means the Minister for Defence.
(2)The expression “Executive Minister” means a Minister who is a member of the Executive Council.
(3)The expression “The Forces” means the armed forces to be raised under this Act and includes soldiers of the Reserve when called out on permanent service with the Forces as hereinbefore defined.
(4)The expression “The Reserve” means any reserve for the Forces to be established under

Part III

. of this Act.

(5)The expression “Officer” means an officer commissioned or in pay as an officer of the Forces or the Reserve or any arm, branch or part thereof.
(6)The expression “General Officer” means an officer holding the rank of General, Lieutenant-General, or Major-General.
(7)The expression “Non-Commissioned Officer” includes an acting non-commissioned officer.
(8)The expression “Soldier” does not include an officer as defined by this Act, but with the modifications contained in this Act in relation to non-commissioned officers does include a non-commissioned officer and every other person subject to military law while he is so subject.
(9)The expression “Superior Officer” when used in relation to a soldier includes a non-commissioned officer as above defined.
(10)The expression “Corps” means:— (a). Any military body, whether known as a territorial regiment or by any different name, as may be from time to time declared by Warrant under the hand of the Minister to be a corps for the purposes of this Act and is a body formed by the Minister under the powers conferred by this Act, and either consisting of associated battalions of the Forces or consisting wholly of a battalion or battalions of the Forces. (b). Any part of the Forces by whatever name called, which is declared by a Warrant under the hand of the Minister to be a corps for the purposes of this Act; and also (c). Any other portion of the Forces employed on any service and not attached to any corps as above defined. (d). And any reference in

Chapter V

. of

Part II

. of this Act to a corps of the Forces shall be deemed to refer to any such military body as is hereinbefore defined to form a corps.

(11)The expression “Battalion” in the application of this Act to cavalry, artillery, or engineers shall be construed to mean regiment, brigade, or other body into which the Minister under the powers conferred on him by this Act may be pleased to divide such cavalry, artillery, or engineers.
(12)The expression “Regimental” means connected with a corps or with any battalion or other sub-division of a corps.
(13)The expression “Decoration” means any medal, clasp, good conduct badge, or decoration.
(14)The expression “Military Reward” means any gratuity or annuity for long service or good conduct; it also includes any good conduct pay, pension and any other military pecuniary award.
(15)The expression “Commanding Officer” means any officer commanding a battalion, and also such other officer as the Minister may, by Regulations to be made by him under this Act, declare to be a commanding officer.
(16)The expression “Enemy” includes all armed mutineers, armed rebels, armed rioters, and pirates.
(17)The expression “Superior Court” means the High Court of Justice in Dublin.
(18)The expression “Civil Court” means with respect to any crime or offence, a Court of ordinary criminal jurisdiction, and includes a Court of Summary Jurisdiction.
(19)The expression “prescribed” means prescribed by this Act or by any Rules or Regulations to be made thereunder or partly by this Act, and partly by Rules or Regulations to be made thereunder.
(20)The expression “Summary Jurisdiction Acts,” means within the police district of Dublin Metropolis, the acts regulating the powers of justices of the peace for such district or of the police of such district; and elsewhere in Saorstát Eireann the Petty Sessions (Ireland) Act, 1851 , and any Act or Acts amending the same.
(21)The expression “Court of Summary Jurisdiction,” means any District Justice, Police Magistrate, stipendiary or other magistrate or officer by whatever name called, to whom jurisdiction is given by the Summary Jurisdiction Act, or any Acts therein referred to, or any Acts amending or adapting the same.
(22)The expression “Court of Law” includes a court of summary jurisdiction.
(23)The expression “County Court Judge” includes a Recorder.
(24)The expression “District Justice” includes a Divisional Magistrate of the City of Dublin.
(25)The expression “Constable” means any member of the Dublin Metropolitan Police, or of the Civic Guard.
(26)The expression “Police Authority” means a Superintendent or Inspector of the Dublin Metropolitan Police, or of the Civic Guard.
(27)The expression “Horse” includes a mule, and the provisions of this Act shall apply to any beast of whatever description used for burden or draught, or for carrying persons in like manner as if such beast were included in the expression “horse.”
(28)The expression “Oath” includes any solemn declaration which under this Act may be made by any person who states he has no religious belief, or that he has a conscientious objection to taking an oath, and the expression “be sworn” includes “make a solemn declaration.”
(29)The expression “Public Prison” means any prison in which a person convicted and sentenced to imprisonment by a civil court may lawfully be confined.
(30)The expression “Penal Servitude Prison” means any prison or place in which a person convicted and sentenced to penal servitude by a civil court may lawfully be confined.
(31)The expression “the Adjutant-General” shall mean the Adjutant-General of the Forces.

PART I.

CHAPTER I.

Establishment of Defence Forces.

Raising and number of Defence Forces.

4.—It shall be lawful for the Executive Council to raise and maintain an armed force to be called Oglaigh na hEireann (hereinafter referred to as the Forces) consisting of such number of officers, non-commissioned officers, and men as may from time to time be provided by the Oireachtas.

Control of Forces.

5.—The command in chief of and all executive and administrative powers in relation to the Forces including the power to delegate authority to such persons as may be thought fit shall be vested in the Executive Council and exercised through and in the name of the Minister who shall not however allocate to himself any executive military command and who may not be a member of the Forces on full pay.

CHAPTER II.

Organization of the Forces.

Personnel of Forces.

6.—(1) The Forces shall consist of officers who are appointed officers thereof, and of non-commissioned officers and men who are bound to continuous service for a term.

(2)Members of the Forces shall serve under such conditions and for such periods and at such rates of pay as may be prescribed.

General Organisation of Forces.

7.—The Forces shall be organized into such units of the various combatant arms and departmental services as may be prescribed

CHAPTER III.

Administration.

Commissioned ranks in the Forces.

8.—The following shall be the grades of commissioned rank in the Forces:—

(1)General.
(2)Lieutenant-General.
(3)Major-General.
(4)Colonel.
(5)Major
(6)Commandant.
(7)Captain.
(8)Lieutenant.
(9)Second Lieutenant.

Non-commissioned ranks in the Forces.

9.—The following shall be the grades of non-commissioned rank in the Forces:— (a) Non-commissioned Officers—

(1)Sergeant-Major.
(2)Quartermaster-Sergeant.
(3)Sergeant.
(4)Corporal. (b) Men—
(5)Private.

Granting of Commissions.

10.—The Executive Council may on the nomination of the Minister appoint any person to commissioned rank or temporary commissioned rank in the Forces. All commissions shall be in the form specified in the first schedule hereto and shall be signed by the President of the Executive Council and the Minister.

Power to dismiss or dispense with services of any member of the Forces.

11.—The Executive Council acting through the Minister may dismiss or dispense with the services of an officer or discharge any other member of the Forces.

Power to establish Military Districts.

12.—The Minister may appoint and establish military districts throughout the State and divide a military district into two or more sub-districts.

Power to establish Head quarters, etc., Staffs.

13.—The Minister may establish Headquarter Staffs of the Forces and Instructional and Administrative Staffs for military districts as required, and appoint thereto as he may think fit officers of the Forces.

Members of the Staffs so appointed shall hold such rank and title, and fulfil such duties and functions and serve under such conditions and for such periods as may be prescribed.

Officers in executive command.

14.—The executive military command and inspection of the Forces or any portion thereof may, subject to this Act, be vested in such officer or officers of the Forces as may be appointed by the Executive Council.

Officers holding commissions during pleasure.

15.—All Officers of the Forces shall hold their commissions during the pleasure of the Executive Council, but the commission of an Officer shall not be cancelled without the holder thereof being notified in writing of any complaint or charge made, or any action proposed to be taken against him, nor without his being called upon to show cause in relation thereto:

Provided that no such notification shall be necessary in the case of an officer absent from duty without leave for a period of three months or more.

Appointment from ranks to commissioned ranks.

16.—The Executive Council on the recommendation of the Minister may, notwithstanding anything to the contrary in this Act contained or by regulation prescribed, reward any member of the Forces for distinguished services by appointing him to commissioned rank, or if he be an officer, by promoting him to higher rank.

Resignation of officers.

17.—An Officer of the Forces may, by writing under his hand, tender the resignation of his commission, but shall not, unless otherwise ordered by the Minister, be relieved of the duties of his appointment until the acceptance of his resignation is notified in the Iris Oifigiúil.

Appointments and Conditions of Service in the Forces.

Appointment of officers.

18.—From and after five years following upon the establishment of a military college under this Act, preference in appointment to commissioned rank in the Forces shall as far as possible, be given to graduates of that college.

Appointment of officers pending completion of period of five years, after the establishment of a Military College.

19.—Until the expiry of the period of five years after the establishment of a Military College, the following persons shall be eligible for appointment to commissioned rank in the Forces:— (a) Citizens of Saorstát Eireann. (b) Officers and men serving at the time of the passing of this Act in the National Forces. (c) Such other persons as may be approved of by the Minister:

Provided that in any case the Minister may order such citizens, officers, men and persons or any of them to undergo such courses of instruction, and pass such qualifying tests as may be prescribed.

Half-pay and unattached list.

20.—The Minister may place any Officer of the Forces on a half-pay list for a period not exceeding one year.

Any officer who is not re-employed before the end of that period may at his own request be placed on the unattached list and await re-employment. An officer so placed on the unattached list shall cea e to draw the pay and allowances of his rank, but if he be subsequently re-employed, his services on the unattached list may be reckoned to count as service in the Forces on such conditions as may be prescribed.

Engagement and service in the Forces.

21.—(1) Every person engaging for service as a soldier in the Forces shall take an oath or make a solemn declaration before an Officer of the Forces or a District Justice or Peace Commissioner.

(2)The oath or declaration shall be in the form set out in the Second Schedule to this Act, Such oath or declaration shall bind the person subscribing to it to serve in the Forces in accordance with the tenor of his oath, until he is legally discharged, dismissed, or removed therefrom, or his resignation is accepted.
(3)Any member of the Forces other than an officer shall be entitled to receive his discharge therefrom either by purchase as may be prescribed, or on the expiration of the period of service for which he is engaged.

Establishment of Forces.

Date of Establishment.

22.—The Forces shall be established as from a date to be fixed by Proclamation of the Executive Council in the Iris Oifigiúil.

CHAPTER IV.

Military Education.

Military College.

23.—(1) Out of the moneys specially appropriated by the Oireachtas for the purpose, the Minister may establish and maintain an Institution for training and instructing:— (a) Candidates for appointment to commissioned rank in the Forces; (b) Officers of the Forces; and (c) Such other Citizens as the Regulations may declare to be eligible for admission to that Institution.

At the said Institution there may be combined with the military training and instruction such other training and instruction of an educational nature as may be prescribed.

(2)The Institution shall be designated the Irish Military College.
(3)Students at the Irish Military College other than commissioned officers shall be formed into a Military Corps and their services in that Corps shall be reckoned towards service in the Forces as may be prescribed.
(4)All students under instruction at the Irish Military College shall be subject to the same discipline as that to which soldiers of the Forces are subject under this Act
(5)Subject to the provisions of this Act, the appointment of the Staff of the College, the duration and description of the courses of instruction and training therein, the conditions of the future services required from the graduates of the College and all matters relating to the management, control, and good government of the College shall be as prescribed.

Classes of Instruction.

24.—For the purpose of securing a high degree of military training and efficiency in the Forces, and of fitting members of the Forces for their duties therein, the Minister may make such educational arrangements as are deemed necessary, and may in particular establish special classes and courses of instruction for members of the Forces who are selected to attend such classes and courses.

Officers and non-commissioned officers to be instructed in giving commands in each of official languages of the State.

25.—All officers and non-commissioned ranks of the Forces shall be instructed in giving and receiving executive words of command in each of the official languages of the State.

CHAPTER V.

Service in Time of War.

Liability of members of Forces to be employed on active service.

26.—The whole or any part of the Forces shall at all times be liable to be employed on active service against an enemy anywhere in Saorstát Eireann or for the prevention or suppression of internal disorder within the State.

Military Command in time of war.

27.—In time of war or internal disorder the Executive Council may place any officer of the Defence Forces in command of the whole or any portion of those Forces in the Field.

Discharge on service.

28.—Notwithstanding anything to the contrary in this Act contained, no member of the Forces while called out or employed on active service against an enemy or for the prevention or suppression of internal disorder shall be entitled to obtain his discharge from the Forces during the continuance of such service.

CHAPTER VI.

Special Powers in relation to Defence.

General Powers of Minister with consent of Executive Council.

29.—The Minister with the consent of the Executive Council may:— (a) Construct and maintain barracks, forts, and defence works; (b) Establish and maintain or contract for the establishment or maintenance of arms and ammunition factories and factories for the manufacture of military clothing, equipment, and other warlike stores; (c) Construct and maintain aerodromes and other matters incidental thereto; (d) Acquire, construct, and maintain artillery and rifle ranges and other matters incidental thereto, and may do all things necessary for the efficient defence and protection of the State or any part thereof.

Manoeuvres and training.

30.—(1) The Minister may from time to time appoint areas wherein any portion of the Forces may be trained and exercised in manoeuvres and may by regulation prescribe the conditions under which compensation may be claimed by and paid to owners or occupiers of land in those areas for damage or loss sustained by them in consequence of the use of their land by the Forces as aforesaid: Provided that no camp shall be erected within a radius of at least two hundred yards of a private dwellinghouse except with the consent of the owner thereof.

(2)—In areas so appointed or in the vicinity of places used as artillery or rifle ranges for the Forces, the officer in command of the portion of the Forces engaged in artillery or rifle practice or in manoeuvres may temporarily stop all traffic by land or water in the vicinity of that place or in that area so far as in his opinion may be necessary for the security of life and the proper conduct of the practice or manoeuvres.

CHAPTER VII.

Power to make Regulations.

Regulations.

31.—The Minister may make regulations not inconsistent with this Part of this Act relating to all or any of the following matters or things, namely:— (a) The various combatant arms and departmental services in the Forces. (b) The numerical establishments of corps and other units of the Forces, and the various divisions, branches, grades ranks, and appointments therein. (c) The training and inspection of the Forces, the formation of training camps, and the holding of manoeuvres for the Forces. (d) The attendance at special classes and courses of instruction of members of the Forces selected for such attendance, and the examination of members of the Forces as to proficiency in military professional subjects, and as to their general educational qualifications; the granting of certificates of proficiency in military professional subjects. (e) The seniority of officers in the Forces, the appointment to, promotion in, and tenure of commissioned and non-commissioned rank in the Forces. (f) The tenure in any office, appointment or capacity in the Forces and the age limit for retirement for members of the Forces holding office or serving in any capacity or appointment. (g) The leave of absence of members of the Forces. (h) The issue and care of arms, accoutrements, ammunition supplies, animals and transport, clothing and equipment for the Forces. (i) The establishment and conduct of camp, barrack, battalion, or district institutions for providing recreation and refreshment to members of the Forces. (j) Returns, books, forms, and correspondence relating to the Forces. (k) All matters which are by this Part of this Act required or permitted to be prescribed or which are necessary or convenient to be prescribed for securing the good government of the Forces, or for carrying out and giving effect to the provisions of this Part of this Act, other than matters which are by this Part of this Act required or permitted to be prescribed by the Executive Council.

PART II.

CHAPTER I.

Discipline.

Offences.

Offences in relation to the enemy punishable with death.

32.—Every person subject to military law who commits any of the following offences, that is to say:—

(1)The offence of unjustifiably surrendering, yielding or abandoning any garrison, guard, place, post or position which it was his duty to defend; or
(2)The offence of endeavouring in any way to persuade, induce or compel any person subject to military law to commit the offence specified in the foregoing clause; or
(3)The offence of treacherously or without due authority holding communication or correspondence with, or giving intelligence to the enemy; or
(4)The offence of misbehaving or inducing others to misbehave before the enemy in such a way as to show cowardice; or
(5)Having been made a prisoner of war the offence of voluntarily serving with or voluntarily aiding the enemy; or
(6)The offence of assisting the enemy with arms, ammunition or supplies; or
(7)The offence of treacherously assisting the enemy in any way not specifically hereinbefore mentioned in this Section; or
(8)The offence of knowingly when on active service doing any act calculated to imperil the success of, or endanger, any portion of the Forces; or
(9)The offence of attempting to commit any of the offences specified in sub-sections (3), (6) and (7) of this Section; shall on conviction by Court-Martial be liable to suffer death or such less punishment as is in this Act mentioned.

Offences in relation to the enemy not punishable with death.

33.—Every person subject to military law who on active service commits any of the following offences, that is to say:—

(1)The offence of being taken prisoner through disobedience of orders, wilful neglect of duty, or want of due precaution; or,
(2)Having been taken prisoner, the offence of failing to rejoin the Forces when able to rejoin the same; or,
(3)The offence of in any way spreading reports, or using words, calculated to cause alarm or despondency among the Forces, or among the civilian population; or
(4)The offence of leaving the ranks without orders from his superior officer in order to secure prisoners, or on the pretence of taking wounded men to the rear; shall on conviction by Court-Martial be liable to suffer penal servitude, or such less punishment as is in this Act mentioned.

Offences punishable more severely on active service than at other times.

34.—Every person subject to military law who commits any of the following offences, that is to say:—

(1)The offence of looting or plundering, breaking into any house or place in search of loot or plunder, or leaving his superior officer to go in search of loot or plunder; or
(2)The offence of leaving his guard, picket, patrol or post without orders from his superior officer; or
(3)The offence of forcing, striking, or wilfully molesting any soldier acting as sentry; or
(4)The offence of forcing any soldier or party of soldiers detailed for the protection of any person or property; or
(5)Being a soldier while acting as sentry the offence of (a) sleeping or being drunk on his post, or (b) leaving his post before being regularly relieved; shall, on conviction by Court-Martial, if he commits any such offence on active service, be liable to suffer death or such less punishment as is in this Act mentioned and if he commits any such offence not on active service, be liable to suffer penal servitude or such less punishment as is in this Act mentioned.

Disclosing information.

35.—Every person subject to military law who commits the following offence, that is to say:— The offence of making known or disclosing any matter regarding the Forces to any person not entitled to such information, at such time and in such manner as is in the opinion of the Court calculated to produce effects injurious to the Forces, shall, on conviction by Court-Martial, be liable to suffer penal servitude or such less punishment as is in this Act mentioned.

Mutiny and sedition.

36.—Every person subject to military law who commits any of the following offences, that is to say:— (a) The offence of causing, conspiring to cause, attempting to cause, or joining in any mutiny or sedition in any of the Forces; or (b) Being present, the offence of not using his utmost endeavours to prevent any mutiny or sedition in any of the Forces; or (c) The offence of persuading, inducing or compelling or endeavouring to persuade, induce, or compel any person subject to military law to join in any mutiny or sedition in any of the Forces; or (d) Having come to the knowledge of, or having reasonable grounds to suspect any actual or intended mutiny or sedition in the Forces, the offence of failing to inform without delay, a superior officer of the same; or (e) The offence of seducing or endeavouring to seduce any person subject to military law from allegiance to the State, shall, on conviction by Court-Martial be liable to suffer death or such less punishment as is in this Act mentioned.

Striking or threatening a superior officer.

37.—(1) Every person subject to military law who commits the following offence, that is to say:— The offence of striking or using or offering any violence to a superior officer being in the execution of his office. shall on conviction by Court-Martial, if he commits any such offence on active service be liable to suffer death or such less punishment as is in this Act mentioned, and if he commits any such offence not on active service be liable to suffer penal servitude or such less punishment as is in this Act mentioned.

(2)Every person subject to military law who commits the following offence, that is to say:— The offence of striking or using or offering violence to or using threatening or insubordinate language to a superior officer, shall on conviction by Court-Martial be liable to suffer penal servitude or such less punishment as is in this Act mentioned.

Disobedience to superior officer.

38.—(1) Every person subject to military law who commits the following offence, that is to say:— The offence of disobeying in such a way as to show an intentional defiance of authority, any lawful command or order given personally by a superior officer, whether the same is given orally or otherwise, shall, on conviction by Court-Martial be liable to suffer— if an officer, and if the offence was committed on active service, imprisonment or such less punishment as is in this Act mentioned, or if an officer, and if the offence was committed not on active service, dismissal with ignomy or such less punishment as is in this Act mentioned; or if a soldier, and if the offence was committed on active service, imprisonment or such less punishment as in this Act mentioned, or if a soldier and if the offence was committed not on active service, detention or such less punishment as is in this Act mentioned.

(2)Every person subject to military law who commits the following offence, that is to say:— The offence of disobeying any lawful command or order given by a superior officer, shall, on conviction by a Court-Martial be liable to suffer— (i.) If an officer, dismissal or such less punishment as is in this Act mentioned; or (ii.) If a soldier, detention or such less punishment as is in this Act mentioned.

Insubordination.

39.—Every person subject to military law who commits any of the following offences, that is to say:—

(1)Being concerned in any quarrel, affray or disorder, the offence of refusing to obey, striking, using or offering violence to (a) any officer who lawfully orders him into arrest, or (b) any person in whose custody he is lawfully placed; or,
(2)The offence of resisting a patrol, escort or police guard whose duty it is to apprehend him, or have him in charge, shall, on conviction by Court-Martial, be liable to suffer— (a) If an officer, dismissal or such less punishment as is in this Act mentioned; or (b) If a soldier, detention, or such less punishment as is in this Act mentioned.

Breaking quarters.

40.—Every soldier subject to military law who commits the following offence, that is to say:— The offence of breaking quarters, barracks, or camp, shall, on conviction by Court-Martial be liable to suffer detention or such less punishment as is in this Act mentioned.

Neglect to obey orders.

41.—Every person subject to military law who commits the following offence, that is to say:— The offence of neglecting to obey any garrison or general or other orders, shall, on conviction by Court-Martial be liable to suffer— (a) If an officer, dismissal or such less punishment as is in this Act mentioned; or (b) If a soldier, detention or such less punishment as is in this Act mentioned.

The expression “general orders” in this section shall not include Regulations or Orders made by the Minister or any similar order in the nature of a regulation published for general information and guidance of the Forces.

Desertion.

42.—(1) Every person subject to military law who commits any of the following offences, that is to say:— (a) The offence of deserting or attempting to desert any of the Forces; or (b) The offence of persuading, endeavouring to persuade, procuring or attempting to procure any person subject to military law to desert from any of the Forces; or (c) The offence of in any way assisting any person subject to military law to desert from any of the Forces, shall, on conviction by Court-Martial be liable to suffer— (i) If the offence is committed on active service, death or such less punishment as is in this Act mentioned, or (ii) If the offence is committed not on active service, penal servitude, or such less punishment as is in this Act mentioned.

(2). When an offender has fraudulently enlisted once or oftener, he may, for the purpose of trial for the offence of desertion or attempting to desert the Forces, be deemed to belong to any one or more of the Corps to which he has been appointed or transferred as well as the Corps to which he properly belongs.

Connivance at desertion.

43.—Every person subject to military law who commits the following offence, that is to say:— Coming to the knowledge of any desertion or intended desertion of a person subject to military law, the offence of neglecting to give notice to his commanding officer or to take any steps in his power to cause the deserter or intending deserter to be apprehended, shall, on conviction by Court-Martial, be liable to suffer— (a) If an officer, dismissal or such less punishment as is in this Act mentioned; or (b) If a soldier, detention or such less punishment as is in this Act mentioned.

Fraudulent enlistment.

44.—(1) Every person subject to military law who commits the following offence, that is to say:— When belonging to the Forces, the offence of without having obtained a regular discharge therefrom or otherwise having fulfilled the conditions enabling him to enlist, enlisting himself in the Forces, shall be deemed to be guilty of fraudulent enlistment, and shall on conviction by Court-Martial be liable to suffer imprisonment as is in this Act mentioned.

(2). When an offender has fraudulently enlisted on several occasions he may for the purpose of this Section be deemed to belong to any one or more of the corps to which he has been appointed or transferred as well as the corps to which he properly belongs.

Absence without leave.

45.—Every person subject to military law who commits any of the following offences, that is to say:—

(1)The offence of being absent without leave; or
(2)The offence of failing to appear at the place of parade or mobilisation, or post or position appointed by his superior officer, or withdrawing from such place of parade or mobilisation or post or position before he is relieved, or without leave, or otherwise unjustifiably; or
(3)The offence of quitting the ranks without leave or other wise unjustifiably, shall, on conviction by Court-Martial, be liable to suffer, (a) If an officer, dismissal or such less punishment as is in this Act mentioned; or (b) If a soldier, detention or such less punishment as is in this Act mentioned.

Scandalous conduct of an officer.

46.—Every officer who being subject to military law commits the following offence, that is to say:— The offence of behaving in a scandalous manner, unbecoming the character of an officer, shall, on conviction by Court-Martial, be liable to suffer dismissal with ignominy.

Fraud by persons in charge of moneys or goods.

47.—Every person subject to military law who commits the following offence, that is to say:— Being officially, by virtue of his office or otherwise, charged with or concerned in the care, control, possession or distribution of any public or military money or goods, the offence of stealing, fraudulently misapplying or misappropriating the same, or conniving at or being concerned in the stealing, fraudulent misapplication or misappropriation of the same, or wilfully damaging the same, shall, on conviction by Court-Martial, be liable to suffer penal servitude or such less punishment as in this Act mentioned.

Malingering or inducing injury. Disgraceful conduct.

48.—Every person subject to military law who commits any of the following offences, that is to say:—

(1)The offence of malingering or feigning or inducing in himself any disease or infirmity; or
(2)The offence of injuring himself or any other person subject to military law, with the intention of rendering himself or such person unfit for service; or
(3)The offence of causing himself to be injured by any person, with the intention of rendering himself unfit for service; or
(4)The offence of being guilty of any misconduct or of any wilful disobedience, whether in hospital or otherwise, of any orders, by means of which misconduct or disobedience he produces or aggravates disease or infirmity or delays its cure; or
(5)The offence of assisting or conniving at the commission of any offence specified in any of the foregoing clauses; or
(6)The offence of being guilty of any disgraceful conduct of a cruel, indecent or unnatural kind not before specifically in this Act mentioned, shall, on conviction by Court-Martial, be liable to suffer imprisonment or such less punishment as is in this Act mentioned.

Drunkenness.

49.—(1) Every person subject to military law who commits the following offence, that is to say:— The offence of being drunk when on duty, shall, on conviction by Court-Martial, be liable— (a) If an officer and the offence is committed on active service, to suffer dismissal with ignominy or such less punishment as is in this Act mentioned; or (b) If an officer, and the offence is committed not on active service, to suffer dismissal or such less punishment as is in this Act mentioned; or (c) If a soldier and the offence is committed on active service, to suffer imprisonment or such less punishment as is in this Act mentioned; or (d) If a soldier and the offence is committed not on active service, to suffer detention or such less, punishment as is in this Act mentioned.

(2)Every person subject to military law who commits the following offence, that is to say:— The offence of being drunk when not on duty, shall, on conviction by Court-Martial, be liable— (a) If an officer, to suffer dismissal or such less punishment as is in this Act mentioned; or (b) If a soldier, to suffer detention for six months or such less punishment as is in this Act mentioned.

Permitting escape of prisoners.

50.—Every person subject to military law who commits the following offence, that is to say:— The offence of releasing without proper authority, or aiding or wilfully or negligently allowing to escape any person whom it is his duty to keep or guard, or any person committed to his charge, shall, on conviction by Court-Martial, be liable to suffer— (a) If the offence was committed on active service, death or such less punishment as is in this Act mentioned; or (b) If the offence was committed not on active service, penal servitude or such less punishment as is in this Act mentioned.

Irregular arrest or confinement Escaping.

51.—Every person subject to military law who commits any of the following offences, that is to say:—

(1)The offence of (a) unnecessarily detaining any person under arrest or in confinement without bringing him to trial; or (b) failing to bring the case of any such person before the proper authority for investigation; or
(2)Having delivered a person into the custody of an officer or non-commissioned officer, the offence of failing without reasonable cause to deliver forthwith, or as soon as possible, and in any case not later than twenty-four hours thereafter, to such officer or non-commissioned officer an account in writing signed by himself, of the offence of which the person so delivered into custody is charged; or,
(3)Being in command of a guard, and having taken or received a person into custody, the offence of failing upon being relieved from guard or duty and in any case within twenty-four hours of the time of taking or receiving such person into custody, to give in writing to the officer to whom he may be ordered to report, the name, and so far as is known to him, the offence of such person, together with the name and rank of the officer or other individual by whom such person was charged, and if he has received the same, the account in writing referred to in the foregoing clause; or
(4)Being in arrest or confinement, or otherwise in lawful custody, the offence of escaping or attempting to escape, shall, on conviction by Court-Martial, be liable to suffer— (a) If an officer, dismissal with ignominy or such less punishment as is in this Act mentioned; or (b) If a soldier, imprisonment or such less punishment as is in this Act mentioned.

Offences in relation to property.

52.—Every person subject to military law who commits any of the following offences, that is to say:—

(1)The offence of taking any fee or advantage in respect of, or being in any illicit way interested in, the sale or purchase of any provisions, stores, arms, equipment or other goods for the use of any of the Forces; or
(2)The offence of losing by neglect, wilfully injuring, making away with or being concerned in making away with (whether by way of gift, pawning, selling, destruction or otherwise howsoever) any arms, ammunition, equipment, instruments, clothing or other military property; or
(3)The offence of ill-treating any animal used in the public service, shall on conviction by Court-Martial be liable to suffer imprisonment or such less punishment as is in this Act mentioned.

Falsifying official documents and false declarations.

53.—Every person subject to military law who commits any of the following offences, that is to say:—

(1)The offence of knowingly making or being privy to the making of any misrepresentation or any false or fraudulent statement in any document made, signed, or certified by him, or of the contents of which it is his duty to ascertain the accuracy; or
(2)The offence of knowingly making or knowingly being privy to the making of any false or fraudulent statement; or
(3)The offence of knowingly suppressing or altering, destroying or making away with any document which it is his duty to preserve or produce; or
(4)The offence of knowingly making or knowingly being privy to the making of any omission from any document made, signed or certified by him, or of the contents of which it is his duty to ascertain the accuracy, or from any report or statement made or sent by him, and which it is his duty to make or send, with the intent thereby to defraud or mislead; or
(5)The offence of refusing, or by culpable neglect omitting, to make or send a report or return which it is his duty to make or send; or
(6)The offence of making any false declaration in any statement, report or return which it is his duty to make or send, knowing the same to be false, shall, on conviction by Court-Martial be liable to suffer imprisonment or such less punishment as is in this Act mentioned.

False accusation.

54.—Every person subject to military law who commits the following offence, that is to say:— The offence of making any false accusation against any other person subject to military law knowing such accusation to be false, shall, on conviction by Court-Martial be liable to suffer imprisonment or such less punishment as is in this Act mentioned.

False accusation or false statement.

55.—Every person subject to military law who commits any of the following offences, that is to say:—

(1)The offence of knowingly making any statement which by reason of falsity or the suppression of material facts, is calculated seriously to injure or affect the character of any other person subject to military law; or
(2)Being a soldier the offence of knowingly making any false statement to a military officer or District Justice or Peace Commissioner, in respect of leave of absence; or
(3)Being a soldier the offence of falsely stating to his commanding officer that he has been guilty of desertion or fraudulent enlistment, shall, on conviction by Court-Martial be liable to suffer imprisonment or such less punishment as is in this Act mentioned.

Offences in relation to Courts-Martial.

56.—Every person subject to military law who commits any of the following offences, that is to say:—

(1)The offence of making default in attending after being duly summoned, or ordered to attend as a witness at a Court-Martial; or
(2)The offence of refusing to take an oath or make a solemn declaration lawfully required by a Court-Martial to be taken or made; or
(3)The offence of refusing to produce any document in his power, possession or procurement lawfully required by a Court-Martial to be produced by him; or
(4)The offence of refusing when a witness to answer any question to which a Court-Martial may lawfully require an answer; or
(5)The offence of contempt of Court-Martial by using threatening or insulting language, or by causing any interruption or disturbance in the proceedings, shall, on conviction by Court-Martial be liable to suffer— (a) if an officer, imprisonment or such less punishment as is in this Act mentioned; or (b) if a soldier, detention or such less punishment as is in this Act mentioned:

Provided that where a person subject to military law is guilty of any of the offences mentioned in this Section, such Court, if they think expedient, instead of the offender being tried by another Court-Martial, may by Order under the hand of the President, order the offender if an officer to be imprisoned without hard labour for a period not exceeding one month; or if a soldier, to undergo detention for a period not exceeding 21 days; and such Order shall not require any such confirmation as is hereinafter in this Act mentioned.

False evidence.

57.—Every person subject to military law who commits the following offence, that is to say:— The offence of wilfully giving false evidence when examined on oath or solemn declaration before a Court-Martial or before any Court or officer duly authorised to administer an oath, shall, on conviction by Court-Martial be liable to suffer penal servitude or such less punishment as is in this Act mentioned.

Offences in relation to billeting.

58.—Every person subject to military law who commits any of the following offences (in this Act referred to as offences in relation to billeting), that is to say:—

(1)The offence of ill-treating (by violence, extortion or making disturbances in billets) the occupier of a house in which any person or horse is billeted; or
(2)Being an officer, the offence of refusing or neglecting on complaint and proof of such ill-treatment by any officer or soldier under his command, to cause compensation to be made for the same; or
(3)The offence of failing to comply with the provisions of this Act with respect to the payment of just demands of the person on whom he or any officer or soldier under his command, or his or their horses have been billeted, or to the making up and transmitting of an account of the money due to such person; or
(4)The offence of wilfully demanding billets which are not actually required for some person or horse entitled to be billeted; or
(5)The offence of taking or knowingly suffering to be taken, from any person any money or reward for excusing or relieving any person from his liability in respect of billeting or quartering of officers, soldiers or horses, or any part of such liability; or
(6)The offence of using or offering any menace to or compulsion on any constable or other civil officer to make him give billets contrary to this Act, or tending to deter or discourage him from performing any part of his duty under the provisions of this Act relating to billeting or tending to induce him to do anything contrary to his said duty; or
(7)The offence of using or offering any menace to or compulsion on any person tending to oblige him to receive, without his consent, any person or horse not duly billeted upon him in pursuance of the provisions of this Act relating to billeting or to furnish any accommodation which he is not thereby required to furnish; shall, on conviction by Court-Martial be liable to suffer imprisonment or such less punishment as is in this Act mentioned.

Offences in relation to impressment of carriages and their attendants.

59.—Every person subject to military law who commits any of the following offences (in this Act referred to as offences in relation to the impressment of carriages), that is to say:—

(1)The offence of wilfully demanding any motor car, carriage, animal, vehicle, vessel or aircraft which is not actually required for the purposes authorised by this Act; or
(2)The offence of failing to comply with the provisions of this Act relating to the impressment of carriages as regards the payment of sums due for carriages or as regards the weighing of the load; or
(3)The offence of constraining any motor car, carriage, animal, vehicle, or vessel furnished in pursuance of the provisions of this Act relating to the impressment of carriages, to travel against the will of the person in charge thereof beyond the proper distance, or to carry against the will of such person any greater weight than that he is required by the said provisions to carry; or
(4)The offence of not discharging as speedily as possible any motor car, carriage, animal, vehicle, vessel or aircraft, furnished in pursuance of the provisions of this Act relating to the impressment of carriages; or
(5)The offence of compelling any person in charge of such motor car, carriage, animal, vehicle, vessel or aircraft or permitting him to be compelled to take thereon any baggage or stores not entitled to be carried, or except where the motor car, carriage or animal is furnished upon a requisition of emergency, to take thereon any soldier or servant (except such as are sick) or any woman or person; or
(6)The offence of ill-treating or permitting any such person in charge of any such motor car, carriage, animal, vehicle, vessel or aircraft to be ill-treated; or
(7)The offence of using or offering any menace to or compulsion on, any constable to make him provide any motor car, carriage, animal, vehicle, vessel or aircraft, which he is not bound in pursuance of the provisions of this Act relating to the impressment of carriages to provide, or tending to deter or discourage him from performing any part of his duty in relation to providing motor cars, carriages, animals, vehicles, vessels or aircraft or tending to induce him to do anything contrary to his said duty; or
(8)The offence of forcing any motor car, carriage, animal, vehicle, vessel or aircraft from the owner thereof, shall, on conviction by Court-Martial be liable to suffer imprisonment or such less punishment as is in this Act mentioned.

Travelling without ticket, etc.

60.—Every person subject to military law who commits the following offence, that is to say:— The offence of travelling or attempting to travel upon any train, tram, car or other vehicle without payment or tender of the fare, or without ticket, voucher, or proper warrant, shall, on conviction by Court-Martial be liable to suffer— (a) if an officer dismissal or such less punishment as is in this Act mentioned, or (b) if a soldier detention or such less punishment as is in this Act mentioned.

Offences in relation to enlistment.

61.—Every person who having become subject to military law is discovered to have committed any of the following offences, that is to say:—

(1)Having been discharged with ignominy from the Forces, the offence of re-enlisting without declaring the circumstances of his discharge; or
(2)The offence of making a wilfully false answer to any question set forth in the attestation paper, which has been put to him by or by the direction of the District Justice, Peace Commissioner or officer before whom he appears for the purpose of being attested; shall, on conviction by Court-Martial, be liable to suffer imprisonment or such less punishment as is in this Act mentioned.

General offences in relation to enlistment.

62.—Every person subject to military law who commits any of the following offences, that is to say:—

(1)The offence of being concerned in the enlistment for service in the Forces of any man whom he knows or has reasonable cause to believe to be so circumstanced that by enlisting he commits an offence against this Act; or
(2)The offence of wilfully contravening any enactment or regulation in any matter relating to the enlistment or attestation of soldiers of the Forces, shall, on conviction by Court-Martial be liable to suffer imprisonment or such less punishment as is in this Act mentioned.

Ill-treating a soldier.

63.—Every officer or non-commissioned officer who commits the following offence, that is to say:— The offence of unlawfully striking or otherwise unlawfully ill-treating any soldier, shall, on conviction by Court-Martial be liable to suffer imprisonment or such less punishment as is in this Act mentioned.

Ill-treating a person in military custody.

64.—Every person subject to military law who commits the following offence, that is to say:— the offence of unlawfully striking or otherwise unlawfully ill-treating any person not subject to military law in military custody, shall, on conviction by Court-Martial be liable to suffer imprisonment or such less punishment as is in this Act mentioned.

Withholding pay.

65.—Every officer or non-commissioned officer who commits the following offence, that is to say:— Having received the pay of any person subject to military law, the offence of unlawfully detaining or unlawfully refusing to pay the same, shall, on conviction by Court-Martial be liable to suffer— (a) if an officer, dismissal or such less punishment as is in this Act mentioned, or (b) if a non-commissioned officer, detention or such less punishment as is in this Act mentioned.

Wounding through negligence. Offences in relation to firearms.

66.—(1) Every person subject to military law who commits the following offence, that is to say:— The offence of, negligently or carelessly or through breach of any orders, wounding any other person whether subject to military law or not, shall on conviction by Court-Martial be liable to suffer penal servitude or such less punishment as is in this Act mentioned.

(2)Every person subject to military law who commits any of the following offences, that is to say:— (a) The offence of without due cause presenting any firearms whether loaded or unloaded at any person whether subject to military law or not, or (b) The offence of without due cause discharging any firearms, or (c) The offence of carelessly or negligently handling any firearm whether loaded or unloaded in such a manner as is calculated to cause reasonable apprehension, shall, on conviction by Court-Martial be liable to suffer imprisonment or such less punishment as is in this Act mentioned.

Refusal to hand over offender to Civil authority.

67.—Every person subject to military law who commits the following offence, that is to say:— Lawful application having been made to him, the offence of neglecting or refusing to hand over to the proper civil authorities or to assist in the lawful apprehension of any officer or soldier accused of an offence against the ordinary law, shall, on conviction by Court-Martial be liable to suffer— (a) If an officer, dismissal with ignominy or such less punishment as is in this Act mentioned; or (b) If a soldier, imprisonment or such less punishment as is in this Act mentioned.

Conduct to the prejudice of good order and military discipline.

68.—Every person subject to military law who commits the following offence, that is to say:— The offence of being guilty of any act, conduct, disorder or neglect, to the prejudice of good order and military discipline, shall, on conviction by Court-Martial be liable to suffer— imprisonment or such less punishment as is in this Act mentioned:

Provided that no such person shall be tried under this Section in respect of any offence for which special provision is made in any other part of this Act, and which is not a civil offence, nevertheless the conviction of a person so charged shall not be invalid by reason only of the charge being in contravention of this proviso unless it appears that injustice has been done to the person charged by reason of such contravention, but the responsibility of any officer for that contravention shall not be removed by the validity of the conviction.

Offences punishable by ordinary law of Saorstát Éireann.

69.—Subject to such regulations for the purpose of preventing interference with the jurisdiction of the Civil Courts as are in this Act mentioned, every person who, whilst he is subject to military law, shall commit any of the offences in this Section mentioned shall be deemed to be guilty of an offence against military law, and if charged under this Section with any such offence (in this Act referred to as a civil offence) shall be liable to be tried by Court-Martial and on conviction to be punished as follows, that is to say:—

(1)If he is convicted of treason be liable to suffer death or such less punishment as is in this Act mentioned; and
(2)If he is convicted of murder be liable to suffer death; and
(3)If he is convicted of manslaughter or treason felony be liable to suffer penal servitude or such less punishment as is in this Act mentioned; and
(4)If he is convicted of rape be liable to suffer penal servitude or such less punishment as is in this Act mentioned; and
(5)If he is convicted of buggery be liable to suffer penal servitude or such less punishment as is in this Act mentioned; and
(6)If he is convicted of any of the offences specified in the Third Schedule hereto or an attempt to commit any of the offences hereinbefore mentioned in this Section or specified in the said Schedule (the attempt to commit which is a criminal offence punishable by the ordinary criminal law of Saorstát Eireann) or any other offence against the law of Saorstát Eireann not before in this Section particularly referred to, which is punishable by the ordinary criminal law of Saorstát Eireann, be liable either to suffer such punishment as might be awarded to him in pursuance of this Act in respect of an offence to the prejudice of good order and military discipline or to suffer any punishment assigned for such offence by the law of Saorstát Eireann:

Provided that a person subject to military law shall not be tried by Court-Martial for treason, murder, manslaughter, treason felony, rape or buggery unless such person at the time he committed the offence was on active service.

Scale and Application of Punishments.

Scales of punishments which may be awarded by Courts-Martial.

70.—(1) Save as is in this Act otherwise provided a person subject to military law tried and found guilty by Court-Martial of an offence hereinbefore mentioned in this Act may be sentenced by such Court-Martial to undergo one and one only of the punishments specified in the Scales A and B following.

(2)For the purpose of this Act any punishment specified in the Scales A and B following shall be deemed to be less than any punishment preceding it in the same scale.

Scale A.

Where the person convicted is an officer— I. Death.

II. Penal Servitude.

III. Imprisonment with or without hard labour IV. Dismissal with ignominy from the service.

V. Dismissal from the service.

VI. Fine.

VII. Any deduction from ordinary pay, by this Act authorised to be made by a Court-Martial.

VIII. Severe reprimand.

IX. Reprimand.

Scale B.

Where the person convicted is a soldier— I. Death.

II. Penal Servitude.

III. Imprisonment with or without hard labour.

IV. Discharge with ignominy from the service.

V. Detention.

VI. Discharge from the service.

VII. Where the person convicted is a non-commissioned officer, forfeiture of seniority of rank, reduction to a lower grade or to the ranks.

VIII. Forfeiture and fines.

IX. Any deduction from ordinary pay authorised by this Act to be made by a Court-Martial.

X. Severe reprimand.

Effect of certain sentences.

71.—(1) An officer sentenced to penal servitude or imprisonment (save by summary award of a Court-Martial under

Section 56

of this Act) is automatically dismissed with ignominy from the service.

(2)A non-commissioned officer or private soldier sentenced to penal servitude is automatically discharged with ignominy from the service.
(3)An officer dismissed with ignominy from the service or a soldier discharged with ignominy from the service is thereby disqualified from ever serving the State again in any capacity, civil or military.
(4)A non-commissioned officer or private soldier sentenced to imprisonment is automatically discharged from the service unless the Court shall otherwise direct.
(5)A non commissioned officer sentenced to imprisonment or detention is automatically reduced to the ranks.

Permitted combination of punishments.

72.—(1) An officer may at the same time be sentenced by Court-Martial to any one or more of the following punishments:— (a) Fine. (b) Severe reprimand. (c) Reprimand.

(2)In addition to or without any other punishment an officer may be sentenced by Court-Martial to any deduction from ordinary pay authorised by this Act to be made by Court-Martial.
(3)In addition to or without any other punishment any noncommissioned officer or private soldier may be sentenced by Court-Martial to any one of the following punishments:— (a) Fine. (b) Any deduction from ordinary pay authorised by this Act to be made by a Court-Martial.

Restrictions on sentences.

73.—(1) No sentence of penal servitude shall be awarded for a period less than three years.

(2)No sentence of imprisonment or detention shall be awarded for a period of more than two years.

Arrest.

Power to place offender in arrest.

74.—(1) Any person subject to military law charged with an offence punishable by this Act may be taken into military custody.

(2)Any person taken into military custody may be placed in open or close arrest.

General as to arrest.

75.—(1) An officer acting with proper authority may order into military custody an officer of inferior rank or any soldier.

(2)An officer acting with proper authority may order into military custody any officer (even though of higher or equal rank) engaged in any disorder or quarrel.
(3)A non-commissioned officer acting with proper authority may order into military custody any soldier.
(4)Where a person subject to military law is lawfully ordered into arrest, the order shall be obeyed whether or not the person giving the order and the person in respect of whom the order is given belong to the same corps, arm or branch of the Forces.

Guard Report.

76.—(1) Every officer or non-commissioned officer who commits any person into custody, shall, at the time of such committal or, as soon as practicable thereafter, and in any case not later than 24 hours thereafter, deliver to the officer or non-commissioned officer into whose custody the person is committed, an account in writing signed by himself of the offence with which the person so committed is charged.

(2)Any officer or non-commissioned officer commanding a guard, or a provost-marshal or assistant provost-marshal shall not refuse to receive or keep any person who is committed to his custody by an officer or non-commissioned officer.
(3)Any officer or non-commissioned officer commanding a guard who takes or receives a person into custody shall, as soon as he is relieved from guard or duty and in every case within twenty-four hours of the time he took or received such person into custody, give in writing to his Commanding Officer the name and, so far as the same is known to him, the offence of such person with the name and rank of the officer or non-commissioned officer by whom such person was charged and, if he has received the same, the account in writing referred to in sub-section (1) of this Section.

Charge to be investigated without delay.

77.—The charge against every person taken into military custody shall, without unnecessary delay be investigated by the proper military authority, and as soon as possible either proceedings shall be taken for punishing the offence or such person shall be discharged from custody.

Summary Disposition of Certain Charges.

Charges against an officer below the rank of Commandant which may be summarily dealt with.

78.—Where an officer below the rank of Commandant is charged with an offence in this Section mentioned, the charge may be summarily dealt with in the manner hereinafter mentioned.

Offences.

(1)The offence of neglecting to obey any garrison or general or other orders being the offence mentioned in

Section 41

of this Act.

(2)The offence of being absent without leave.
(3)The offence of failing to appear at the place of parade or mobilisation or post or position appointed by his superior officer; or withdrawing from such place of parade or mobilisation or post or position before he is relieved or without leave or otherwise unjustifiably.
(4)The offence of quitting the ranks without leave or otherwise unjustifiably.
(5)The offence of being drunk when not on duty.
(6)The offence of being guilty of any act, conduct, disorder or neglect to the prejudice of good order and military discipline.

Punishments which may be summarily awarded to an officer below the rank of Commandant.

79.—When an officer below the rank of Commandant is charged with any of the offences mentioned in

Section 78

of this Act, the prescribed officer may, if satisfied as to the guilt of the accused, summarily award any of the following punishments:—

(1)Fine not exceeding £10.
(2)Severe reprimand.
(3)Reprimand.

Charges against a soldier which may be summarily dealt with.

80.—When a non-commissioned officer or private soldier is charged with any of the offences mentioned in this Section the charge may be summarily dealt with in the manner hereinafter provided.

Offences.

(1)The offence of disobeying any lawful command or order given by a superior officer.
(2)Being concerned in any quarrel, affray or disorder, the offence of refusing to obey, striking, using, or offering violence to (a) any officer who lawfully orders him into arrest, (b) any person in whose custody he is lawfully placed.
(3)The offence of resisting any patrol, escort or police guard whose duty it is to apprehend him or have him in charge.
(4)The offence of breaking out of quarters.
(5)The offence of neglecting to obey any garrison or general or other orders being the offence mentioned in

Section 41

of this Act.

(6)The offence of being absent without leave.
(7)The offence of failing to appear at the place of parade or mobilisation or post or position appointed by his superior officer or withdrawing from such place of parade or mobilisation post or position before he is relieved or without leave or otherwise unjustifiably.
(8)The offence of quitting the ranks without leave or otherwise unjustifiably.
(9)Being a private soldier, the offence of being drunk when on duty.
(10)The offence of being drunk when not on duty.
(11)The offence of losing by neglect, wilfully injuring, making away with, or being concerned in making away with (whether by way of gift, pawning, selling, destruction, or otherwise howsoever) any arms, ammunition, equipment, instruments, clothing, or other military property.
(12)The offence of making any false accusation against any other person subject to military law, knowing such accusation to be false.
(13)The offence of knowingly making any statement which, by reason of falsity or the suppression of material facts, is calculated seriously to injure or affect the character of any other person subject to military law.
(14)The offence of making any false statement to any military officer or District Justice in respect of leave of absence.
(15)The offence of travelling or attempting to travel on any train, tram, car or other vehicle without payment or tender of fare or without ticket, voucher or proper warrant.
(16)Having been discharged with ignominy from the Forces, the offence of re-enlisting without declaring the circumstances of his discharge.
(17)The offence of making a false answer to any question set forth in the attestation paper which has been put to him by, or by the direction of, the District Justice, Peace Commissioner or officer, before whom he appears for the purpose of being attested.
(18)The offence of being concerned in the enlistment for service in the Forces of any man, when he knows or has reasonable cause to believe such man to be so circumstanced that by enlisting he commits an offence against this Act.
(19)The offence of wilfully contravening any enactment or regulation in any matter relating to the enlistment or attestation of soldiers of the Forces.
(20)The offence of being guilty of any act, conduct, disorder or neglect to the prejudice of good order and military discipline.

Punishments which may be summarily awarded to a non-commissioned officer.

81.—Where a non-commissioned officer is charged with any of the offences mentioned in

Section 80

of this Act, the Commanding Officer of the accused may, if satisfied as to the guilt of the accused, summarily award any of the punishments following:—

(1)In the case of offences other than drunkenness, fine not exceeding £5.
(2)Fines in cases of drunkenness not on duty as follows:— First offence 10s.

Second offence 20s.

Third offence 30s.

Fourth and every subsequent offence 50s.

(3)Deprivation of acting rank.
(4)Severe reprimand.
(5)Reprimand.
(6)In addition to or without any other punishment, any deduction from ordinary pay authorised by this Act to be made by a Commanding Officer.

Punishments which may be summarily awarded to a private soldier by a Commanding Officer.

82.—Where a private soldier is charged with any of the offences mentioned in

Section 80

of this Act the Commanding Officer of the accused may, if satisfied as to the guilt of the accused, summarily award any of the following punishments:—

(1)Detention for a period not exceeding twenty-eight days. In cases of absence without leave for a period not exceeding seven days, detention shall not be awarded for a period exceeding seven days. Where the absence exceeds seven days detention may be awarded for a period equal to the period of absence without leave but in no case for a period exceeding twenty-eight days.
(2)In the case of offences other than drunkenness, fine not exceeding £3.
(3)In addition to or without detention fines in cases of drunkenness as follows:— First offence 5s.

Second offence 10s.

Third offence 20s.

Fourth and every subsequent offence 30s.

(4)Confinement to barracks for a period not exceeding 14 days.
(5)Extra guards and pickets.
(6)Warning.
(7)In addition to or without any other punishment, any deduction from ordinary pay authorised by this Act to be made by a Commanding Officer.

Punishments which may be summarily awarded to a private soldier by a Company Commander.

83.—Where a private soldier is charged with any of the offences mentioned in

Section 80

of this Act the Company Commander of the accused may, if satisfied as to the guilt of the accused summarily award any of the following punishments:—

(1)In the case of offences other than drunkenness, fine not exceeding £1.
(2)Fines in cases of drunkenness as follows:— First offence 5s.

Second offence 10s Third and every subsequent offence 20s.

(3)Confinement to barracks for a period not exceeding seven days.
(4)Extra guards and pickets.
(5)Warning.

Investigation of Charges.

Investigation of a charge against an officer.

84.—(1) A charge against an officer shall in the first instance be investigated by his Commanding Officer.

(2)If the Commanding Officer is satisfied that there is no evidence disclosing an offence mentioned in this Act, or if he considers the charge ought not to be proceeded with, he shall dismiss the charge.
(3)If the Commanding Officer does not dismiss the charge he shall proceed as follows:— (a) If the accused is an officer not under the rank of Commandant, or in the case of an officer under the rank of Commandant, if the offence is not one of those mentioned in

Section 78

of this Act, he shall remand the accused for trial by Court-Martial. (b) If the accused is an officer under the rank of Commandant, and if the offence is one of those mentioned in

Section 78

of this Act, he shall refer the case to the prescribed officer.

(4)The prescribed officer upon the case being referred to him in accordance with sub-section (3) (b) of this Section, shall investigate the case and proceed as follows:— (a) If satisfied that there is no evidence against the accused, or if he considers the charge ought not to be proceeded with, he shall dismiss the charge. (b) If he does not dismiss the charge he shall proceed as follows— (i) If he considers the case is one which should be dealt with by Court-Martial, he shall remand the accused for trial by general Court-Martial. (ii) If he does not remand the accused for trial by Court-Martial, he shall award one of the punishments mentioned in

Section 79

of this Act.

Investigation of a charge against a non-commissioned officer.

85.—(1) A charge against a non-commissioned officer shall in the first instance be investigated by his Company-Commander.

(2)If the Company-Commander is satisfied that there is no evidence disclosing an offence mentioned in this Act, he shall dismiss the charge.
(3)If the Company-Commander does not dismiss the charge, he shall refer the case to the Commanding Officer.
(4)The Commanding Officer, upon the case being referred to him in accordance with sub-section (3) of this Section, shall investigate the case and proceed as follows:— (a) If satisfied that there is no evidence disclosing an offence mentioned in this Act, or if he considers the charge ought not to be proceeded with, he shall dismiss the charge. (b) If he does not dismiss the charge he shall proceed as follows:— (i) If the offence is not one of those mentioned in

Section 80

of this Act, or being one of the offences mentioned in

Section 80

of this Act, he considers the case is one which should be dealt with by Court-Martial, he shall remand the accused for trial by Court-Martial. (ii) If the charge is one of those mentioned in

Section 80

of this Act, and if he does not remand the accused for trial by Court-Martial, he shall award one of the punishments mentioned in

Section 81

of this Act.

Investigation of a charge against a private soldier.

86.—(1) A charge against a private soldier shall in the first instance be investigated by his Company-Commander.

(2)If the Company-Commander is satisfied that there is no evidence disclosing an offence mentioned in this Act, or if he considers that the charge ought not to be proceeded with, he shall dismiss the charge.
(3)If the Company Commander does not dismiss the charge, he shall proceed as follows:— (a) If the offence is one of those mentioned in

Section 80

of this Act, and if he considers that the punishments he is entitled to award in accordance with

Section 83

of this Act, meet the case, he shall award one of those punishments. (b) If the offence is not one of those mentioned in

Section 80

of this Act, or being one of those offences he considers the punishment he is entitled to award does not meet the case, he shall refer the case to the Commanding Officer.

(4)The Commanding Officer, upon the case being referred to him in accordance with sub-section (3) (b) of this section, shall investigate the charge and proceed as follows:— (a) If he is satisfied that there is no evidence disclosing an offence mentioned in this Act, or if he considers that the charge ought not to be proceeded with, he shall dismiss the charge. (b) If he does not dismiss the charge he shall proceed as follows:— I.—(a) If the offence is one of those mentioned in

Section 80

of this Act, and if he considers the offence is one which should be dealt with by Court-Martial he shall remand the accused for trial by Court-Martial. (b) If he does not remand the accused for trial by Court-Martial he shall award one of the punishments mentioned in

Section 82

of this Act.

II.—(a) If the offence is not one of those mentioned in

Section 80

of this Act, and he considers the case one which should be dealt with by Court-Martial, he shall apply to the prescribed officer for authority to deal with the case in the same manner as if the offence had been one of those mentioned in

Section 80

of this Act, and on receiving such authority from such prescribed officer (who is hereby empowered to grant such authority if he thinks fit) he shall deal with the case accordingly, and award one of the punishments mentioned in

Section 82

of this Act. In the event of such authority being withheld, he shall remand the accused for trial by Court-Martial. (b) If the offence is not one of those mentioned in

Section 80

of this Act, and he does not apply for authority to deal with the case summarily, as aforesaid, he shall remand the accused for trial by Court-Martial.

Procedure on investigation of a charge against an officer, non-commissioned officer or private soldier.

87.—No charge against an officer non-commissioned officer or private soldier shall be heard or investigated save in the presence of the accused. The accused shall have full liberty to cross-examine all witnesses called against him, and to call any witnesses in his defence, and to make a statement in his defence. If the accused shall demand that the evidence against him shall be taken on oath, the investigating officer shall cause all witnesses to be sworn before giving evidence.

Acquittal or conviction by Civil Court or Court-Martial to be a bar to summary proceedings.

88.—No person charged with an offence in this Act mentioned, shall be liable to be dealt with summarily for an offence in respect of which he has been acquitted or convicted by a competent Civil Court or by a Court-Martial.

Courts-Martial.

Restriction on jurisdiction of Courts-Martial.

89.—(1) Where a person subject to military law has been acquitted or convicted of an offence by Court-Martial he shall not be liable to be tried again by a Court-Martial in respect of that offence.

(2)Where a person subject to military law has been acquitted or convicted of an offence by a competent Civil Court he shall not be liable to be tried again by Court-Martial in respect of that offence.
(3)A person subject to military law shall not be liable to be tried by Court-Martial for any offence which shall have been summarily dealt with in accordance with the provisions of this Act:

Provided always that the Adjutant-General may, notwithstanding that a charge may have been dismissed or punishment awarded in respect of same, for reasons which to him seem sufficient, direct such person to be tried by Court-Martial.

(4)A person subject to military law shall not in pursuance of this Act be tried or punished for any offence triable by Court-Martial committed more than three years before the date on which his trial begins, except in the case of mutiny, desertion or fraudulent enlistment; but this Section shall not affect the jurisdiction of a Civil Court in the case of an offence triable by such Court, as well as by Court-Martial.

Classes of Courts Martial.

90.—Courts-Martial shall be of two kinds, namely, General and Local.

General Courts-Martial.

91.—(1) Every General Court-Martial shall be convened by the Adjutant-General, or by such officer as he shall authorise to convene the same.

(2)A General Court-Martial shall have jurisdiction to try any person subject to military law for any offence mentioned in this Act.
(3)A General Court-Martial shall be constituted as follows:— (a) A President who shall be of a rank not lower than Colonel, and shall be appointed by the Convening Officer: Provided always that where it appears to the Convening Officer that an officer of a rank not lower than that of Colonel is not available to act as such President (having due regard to military exigencies and the public service) the Convening Officer may, upon endorsing a certificate to that effect upon the order convening such General Court-Martial, appoint to act as such President an Officer of a rank not lower than that of Captain: Provided always that in no case shall the President of a General Court-Martial be of lower rank than the accused person. (b) Not more than seven and not less than three other officers who shall not be of a rank lower than Captain and shall be appointed by the Convening Officer.
(4)(a) There shall be in attendance at every General Court-Martial a Judge-Advocate appointed by the prescribed officer. (b) A Judge-Advocate at a General Court-Martial shall be a person duly qualified as a Barrister-at-Law, or a Solicitor in Saorstát Eireann, and an officer of the Forces. (c) The duties of a Judge-Advocate shall be as prescribed.

Local Courts-Martial.

92.—(1) Every Local Court-Martial shall be convened by the Adjutant-General or by such Officer as he shall authorise to convene the same.

(2)A Local Court-Martial shall have jurisdiction to try non-commissioned officers and private soldiers for any offence mentioned in this Act, except murder, but shall have no jurisdiction to try an officer.
(3)A Local Court-Martial shall have jurisdiction only to award imprisonment (with or without hard labour) or a less sentence.
(4)A Local Court-Martial shall be constituted as follows:— (a) A President who shall not be of a rank lower than Commandant, and shall be appointed by the Convening Officer, provided, however, if it appears to the Convening Officer that an officer of a rank not lower than Commandant is not available to act as such President (having due regard to the military exigencies and the public service) the Convening Officer may, upon endorsing a certificate to that effect on the order convening such Local Court-Martial, appoint as President thereof an officer of a rank not lower than Captain. (b) Not less than two nor more than four other officers appointed by the Convening Officer.
(5)There shall be in attendance at every Local Court-Martial a Judge-Advocate, qualified to act and appointed as may be prescribed Disqualifications for membership of Courts-Martial.

93.—The following shall not serve on any Court-Martial:—

(1)Any Chaplain holding a commissioned rank or an officer of the Army Medical Corps, provided always that where a Court is convened for the trial of a soldier of the Army Medical Corps, an officer of that Corps may be detailed to act as a member or waiting member thereof.
(2)The Convening Officer.
(3)The Prosecuting Officer.
(4)Any officer who investigated the charge against he accused, or conducted any inquiry into the case.
(5)The Commanding Officer of the accused.
(6)Any officer who has a personal interest in the case.

Challenges by accused.

94.—(1) An accused about to be tried by any Court-Martial may object, for any reasonable cause, to any member of the Court (including the President) whether appointed to serve thereon originally or to fill a vacancy caused by the retirement of any officer objected to, so that the court may be constituted of officers to whom the accused makes no reasonable objection.

(2)Every objection made by an accused to any officer shall be submitted to the other officers appointed to form the Court.
(3)If the objection is to the President, such objection, if allowed by one-half or more of the other officers appointed to form the Court, shall be allowed, and the Court shall adjourn for the purpose of the appointment of another President.
(4)If an objection to the President is allowed, the authority convening the Court shall appoint another President, subject to the same right of the accused to object.
(5)If the objection is to a member other than the President, and is allowed by one-half or more of the votes of the officers entitled to vote, the objection shall be allowed, and the member objected to shall retire, and his vacancy may be filled in the prescribed manner by another officer, subject to the same right of the accused to object.
(6)In order to enable an accused to avail himself of the privilege of objecting to any officer, the names of the officers appointed to form the Court shall be read over in the hearing of the accused on their first assembling and before they are sworn, and he shall be asked whether he objects to any of such officers, and a like question shall be repeated in respect of any officer appointed to serve in lieu of the retiring officer.

Swearing of Court.

95.—(1) When the Court is constituted with the proper number of officers who are not objected to, or the objections to whom have been over-ruled, each member shall be duly sworn. The oath shall be administered to the President first, and then to the other members of the Court by the Judge-Advocate. The oath shall then be administered to the Judge-Advocate by the President.

(2)A shorthand note-taker, if in attendance, shall then be sworn by a member of the Court, or the Judge-Advocate.
(3)The oaths administered in accordance with this Section shall be in the prescribed form.

Plea in bar.

96.—In addition to a plea of “Not Guilty” an accused may enter any of the following special pleas in bar of trial:—

(1)Previous acquittal or conviction of the same offence by— (a) A competent Civil Court. (b) A competent Court-Martial. (c) Any officer in due exercise of his powers under this Act, subject however, to the provisions of

Section 89

(3)of this Act.
(2)Pardon of the offence by the Minister.
(3)Save in cases of mutiny, desertion or fraudulent enlistment the expiration at the date on which the trial commences of a period of more than three years from the date at which the offence is alleged to have been committed.
(4)Where the offence is one against the ordinary law, which by ordinary law must be prosecuted within a specific period of the date of commission of the offence, lapse of the specific period.

Evidence to be on oath.

97.—(1) Every witness examined before a Court-Martial shall be examined upon oath, which the President or any other member of the Court or the Judge-Advocate shall administer in the prescribed form.

(2)Where a person required by this Act to take an oath objects to take an oath, or is objected to as incompetent to take an oath, the Court, if satisfied as to the sincerity of the objection, or where the competence of a person to take an oath is objected to, that the oath has no binding effect upon the conscience of such person, shall permit such person, instead of being sworn, to make a solemn declaration in the prescribed form, and for the purpose of this Act such declaration shall be deemed to be an oath.

Right of accused and his wife to give evidence.

98.—Every person charged with an offence and the wife of a person so charged is a competent witness for the defence at every stage of the proceedings before a Court-Martial, whether the person so charged is charged solely or jointly with any other person or persons; provided a person so charged shall not be called as a witness except on his own application and the wife of the person so charged shall not be called as a witness for the defence, except upon the application of the person so charged.

Rules of evidence to be the same as in Civil Courts.

99.—Save as is in this Act otherwise provided, every Court-Martial shall be bound by the law for the time being in force in Saorstát Eireann relating to evidence before Civil Courts.

Finding.

100.—(1) In case of equality of votes on a finding, the accused shall be acquitted.

(2)The finding of acquittal, whether on all or some of the charges with which the accused is charged shall not require confirmation or be subject to revision and if it relates to all the charges shall be pronounced at once in open Court and the accused be discharged.

Conviction of offence other than offence charged with.

101.—(1) Where a person is charged before a Court-Martial with an offence mentioned in

Section 69

of this Act, and the offence is such that if he were charged with the same offence upon indictment before a Civil Court he could lawfully be convicted on such indictment of some other offence not charged in the indictment, then the Court-Martial may, instead of finding the accused guilty of the offence charged, find him guilty of such other offence as a Civil Court might lawfully have convicted him of.

(2)An accused charged before a Court-Martial with desertion may be found guilty of attempting to desert or being absent without leave.
(3)An accused charged before a Court-Martial with attempting to desert may be found guilty of desertion or being absent without leave.
(4)An accused charged before a Court-Martial with any other offence under this Act, other than an offence mentioned in

Section 69

of this Act, may, on failure of proof of an offence being committed in circumstances involving a higher degree of punishment, be found guilty of the same offence as being committed in circumstances involving a less degree of punishment.

Voting generally.

102.—In case of equality of votes on the sentence or on any question arising after the commencement of the trial, save objections by the accused under

Section 94

of this Act, or the finding, the President shall have a second or casting vote.

Death Sentence.

103.—Sentence of death shall not be awarded save with the concurrence of three-fourths, or more, of the members of the Court.

Sentences generally.

104.—(1) The Court shall award only one sentence in respect of all offences of which the accused is convicted. The sentence shall be one which under this Act, may be awarded in respect of any one of the offences of which the accused is convicted.

(2)Every sentence of penal servitude, imprisonment or detention to which such person is sentenced by court-martial, whether the sentence has been revised as hereinafter is provided or not and whether the person is already undergoing sentence or not, shall be reckoned to commence on that day on which the original finding sentence and proceedings were signed by the President of the Court-Martial or on such earlier date as the Court may direct.

Procedure generally.

105.—(1) If a Court-Martial after the commencement of the trial is by death or otherwise reduced below the legal minimum it shall be dissolved.

(2)If after the commencement of the trial the President dies or is otherwise unable to attend and the Court is not reduced below the legal minimum, the Convening Officer may appoint the senior member of the Court, if of sufficient rank, to be President and the trial shall proceed accordingly, but if he is not of sufficient rank the Court shall be dissolved.
(3)If on account of illness of the accused before the finding, it is impossible, within what appears a reasonable time to the Convening Officer, to continue the trial, the Court may be dissolved by the Convening Officer.
(4)Where a Court-Martial is dissolved under the foregoing provisions of this Section, the accused may be tried again.
(5)The President of any Court-Martial may on any deliberation amongst the members cause the Court to be cleared of all other persons, except the Judge-Advocate.
(6)The Court may adjourn from time to time.
(7)The Court may also, when necessary, view any place.

Miscellaneous Provisions as to Courts-Martial.

Right of Prosecutor and accused to be represented by a legal advisor.

106.—(1) The Prosecutor may be represented by a legal adviser.

(2)Any person tried by a Court-Martial may be represented by a legal adviser or an officer.
(3)The expression “legal adviser” in this Section means a barrister-at-law or solicitor entitled to practise in Saorstát Eireann Position of legal adviser at Courts-Martial.

107.—(1) Any conduct of a legal adviser which would be liable to censure or would be a contempt of court if it took place before the High Court of Saorstát Eireann shall be likewise deemed liable to censure or be deemed a contempt of court in the case of a Court-Martial, and the rules to be prescribed for the practice of Courts-Martial and the guidance of legal advisers shall be binding on legal advisers who appear before such Courts-Martial and any wilful disobedience of such rules shall be professional misconduct and if persevered in be deemed a contempt of court.

(2)Where a legal adviser is guilty of conduct liable to censure or is guilty of a contempt of court the President of the Court-Martial may certify the offence of such legal adviser under his hand to any Court of Law in Saorstát Eireann which has power to commit for contempt and that Court may thereupon enquire into such alleged offence and after hearing any witnesses that may be produced against or on behalf of the person so accused and after hearing any statement that may be offered in defence, punish or take steps for the punishment of such person in like manner as if he had been guilty of contempt of court.
(3)A Court-Martial may, by order under the hand of the President, cause a legal adviser to be removed from the Court who is guilty of such offence as may in the opinion of the Court-Martial require his removal from Court, but in every such case the President shall certify the offence to a Court of Law in the manner provided by sub-section (2) of this Section.

Summoning and privilege of witnesses at Courts-Martial.

108.—(1) Every person required to give evidence before a Court-Martial may be summoned or ordered to attend in the prescribed manner.

(2)Every person attending in pursuance of such summons or order as a witness before any Court-Martial shall, during his necessary attendance to or in such Court and in going to and returning from the same have the same privilege from arrest as if he were a witness before the High Court in Saorstát Eireann.
(3)For the purpose of this and the next succeeding Section, the expression “a Court-Martial” shall be deemed to include an officer taking a written summary of evidence in accordance with this Act; and references to the President or members of the Court-Martial shall be construed as including references to such officer.

Misconduct of civilian witness at Court-Martial.

109.—(1) Where any person not subject to military law commits any of the following offences, that is to say:— (a) On being duly summoned as a witness before a Court-Martial, and after payment or tender of the reasonable expenses of his attendance, makes default in attending; or, (b) Being in attendance as a witness— (i.) Refuses to take an oath legally required by a Court-Martial to be taken; or, (ii.) Refuses to produce any document in his power, possession or procurement legally required by a Court-Martial to be produced by him; or, (iii.) Refuses to answer any question to which a Court-Martial may legally require an answer. the President of the Court-Martial may certify the offence of such person under his hand to any Court of Law in Saorstát Eireann which has power to punish witnesses if guilty of a like offence in that Court, and that Court may thereupon inquire into such alleged offence, and after examination of any witnesses that may be produced against or for the person so accused, and after hearing any statement that may be offered in defence, if it seem just, punish such person in like manner as if he had committed such offence in a proceeding in that Court.

(2)Where a person not subject to military law when examined on oath or solemn declaration before a Court-Martial wilfully gives false evidence, he shall be liable on indictment or information to be convicted of and punished for the offence of perjury.
(3)Where a person not subject to military law is guilty of any contempt towards a Court-Martial, by using insulting or threatening language, or by causing any interruption or disturbance in its proceedings, or by printing observations or using words calculated to influence the members or witnesses before such Court-Martial, or to bring such Court into disrepute, the President of the Court-Martial may certify the offence of such person under his hand, to any Court of Law in Saorstát Eireann, which has power to commit for contempt and that Court may thereupon enquire into such alleged offence, and after hearing any witnesses that may be produced against or on behalf of the person so accused, and after hearing any statement that may be offered in defence, punish or take steps for the punishment of such person in like manner as if he had been guilty of contempt of that Court.

Insanity of accused at trial.

Finding in case of insanity of accused at time of commission of offence.

110.—(1) (a) Where it appears on the trial by Court-Martial of a person charged with an offence that such person is by reason of insanity unfit to stand his trial, the Court shall specially find that fact and such person shall be kept in custody in the prescribed manner until the directions of the Minister thereon are known or until any earlier time at which such person is fit to take his trial. (b) The Minister may give orders for the safe custody of such persons during his pleasure in such manner as he may think fit. (c) A finding under this Section shall be subject to confirmation in like manner as any other finding as is hereinafter provided.

(2)Where on trial by Court-Martial of a person charged with an offence it appears that such person committed the offence, but was insane at the time of the commission thereof, the Court shall specially find the fact of insanity as well as the finding of guilty and such person shall be kept in custody in the prescribed manner until the directions of the Minister thereon are known.

Insanity of person imprisoned or undergoing detention.

111.—If a person imprisoned or undergoing detention by virtue of this Act, becomes insane, then without prejudice to any other provisions for dealing with insane persons, an Executive Minister may, upon a certificate of such insanity by two qualified practitioners, order the removal of such person to an asylum or other proper place for the reception of insane persons, there to remain for the unexpired term of his imprisonment or detention, and upon such person being certified in the like manner to be again of sound mind, may order his removal to any prison or detention barrack in which he might have been confined if he had not become insane, there to undergo the remainder of such punishment.

Right of person tried to copy of proceedings.

112.—Any person tried by Court-Martial shall be entitled on demand at any time, in the case of a General Court-Martial within seven years, and in the case of a Local Court-Martial within three years, after the confirmation of the finding and sentence of the Court, to obtain from the officer or person having the custody of the proceedings of such Court, a copy thereof, including the proceedings with respect to revision and confirmation thereof upon payment for the same at the prescribed rate not exceeding three pence for every folio of seventy words and for the purposes of this Section the proceedings of Courts-Martial shall be preserved in the prescribed manner.

Confirmation and Revision of Findings and Sentences.

Finding and sentence not to be valid unless confirmed.

113.—Subject to the provisions of this Act with respect to an acquittal, the finding and sentence of a Court-Martial shall not be valid except in so far as the same may be confirmed by the authority authorised to confirm the same.

Confirming authorities.

114.—The following authorities shall have power to confirm the finding and sentence of a Court-Martial:— (a) Where sentence of death has been awarded, the Minister, provided that if the offence for which the sentence was awarded was committed while the accused was not on active service, such sentence shall not be carried into effect unless in addition to confirmation by the Minister it is approved by the Minister for Home Affairs. (b) In all other cases— The Adjutant-General or where in the case of a soldier a sentence of detention for a period not exceeding 168 days or any lesser punishment has been awarded by a Local Court-Martial, the Officer having authority to convene such a Court-Martial at the date of the submission of the finding and sentence thereof.

Powers of confirming authority.

115.—Where an accused has been found guilty upon any charge the confirming authority may—

(1)Direct the re-assembly of the Court for the revision of the finding and sentence or either of them stating the reasons for revision.
(2)Confirm or refuse confirmation either in whole or in part of the original or revised finding or sentence.
(3)Order a new trial of the accused by Court-Martial.
(4)Mitigate the punishment awarded by the sentence or remit or commute the same for any less punishment, or substitute a legal for an illegal sentence.
(5)Suspend execution of the sentence.

Procedure where finding or sentence sent back for revision.

116.—Where the finding or sentence is sent back for revision, the Court shall re-assemble in closed Court. They shall receive no further evidence. If they do not adhere to the original finding, they shall record the new finding and where a sentence is involved by such a new finding they shall pass a fresh sentence. If they do adhere to their original finding, they shall record the same afresh. Where sentence alone is sent back for revision, they shall not revise any finding, but shall have power to increase the sentence originally awarded. Each fresh sentence shall be recorded in the prescribed manner.

Execution of Sentence.

Execution of sentence of penal servitude.

117.—(1) Where a person subject to Military law is convicted by Court-Martial and sentenced to penal servitude, such conviction and sentence shall, upon due confirmation in accordance with this Act, have the same force and effect as if such person (hereinafter styled a military convict) had been duly convicted of an offence punishable by penal servitude, and sentenced to penal servitude by a competent Civil Court, and all enactments relating to a person so convicted and sentenced by a Civil Court shall, so far as circumstances permit, apply accordingly.

(2)Where a sentence of penal servitude has been duly confirmed, the military convict upon whom such sentence was passed shall, as soon as practicable be transferred to a penal servitude prison to undergo his sentence according to law. Until so transferred, he shall remain in military custody.
(3)The order of the committing authority (hereinafter in this Section mentioned) shall be a sufficient warrant for the transfer of a military convict to a penal servitude prison.
(4)At any time before the arrival of a military convict at a penal servitude prison, the discharging authority (hereinafter in this Section mentioned) may by Order discharge the prisoner.
(5)Any one or more of the following shall be the committing authority for the purposes of this Section:— (a) The Minister. (b) The Adjutant-General. (c) The Commanding Officer of the military convict. (d) Any other officer duly authorised.
(6)The discharging authority for the purposes of this Section shall be one of the following:— (a) The Minister. (b) The Adjutant-General. (c) Any other officer duly authorised.

Execution of sentence of imprisonment or detention.

118.—(1) Where a person has been sentenced by Court-Martial to imprisonment, and the sentence has been duly confirmed, the person so sentenced (hereinafter in this Section styled a military prisoner) shall undergo his term of imprisonment, either in military custody or in a detention barrack or in a public prison, or partly in one way and partly in another.

(2)Where a person has been sentenced by Court-Martial to a term of detention and the sentence has been duly confirmed, or where a person has been sentenced to a term of detention by a Commanding Officer or other officer in exercise of summary powers conferred by this Act, every such person (hereinafter in this Section styled a soldier undergoing detention) shall undergo the term of his detention either in military custody or in a barrack detention room, or a detention barrack, or partly in one way and partly in another, but not in a public prison.
(3)The order of the committing authority hereinafter in this Section mentioned, shall be sufficient warrant for the transfer of a military prisoner to a public prison or a detention barrack, or the transfer of a soldier undergoing detention to a detention barrack.
(4)A military prisoner while in a public prison shall be confined, kept to hard labour, and otherwise dealt with in all respects as if he were an ordinary prisoner undergoing a like sentence.
(5)The discharging authority hereinafter in this Section mentioned may, at any time during the term of his imprisonment or detention, discharge a military prisoner or a soldier undergoing detention.
(6)The committing authority may at any time during the term of imprisonment of a military prisoner or the term of detention of a soldier undergoing detention by order provide for:— (a) His removal from one public prison to another; (b) His removal from one detention barrack to another; (c) His being brought before a Court-Martial or a Civil Court for trial or as a witness; and an order of such authority shall be sufficient warrant for delivering him into military custody, and detaining him in custody till he can be returned.
(7)The committing authority shall be any one or more of the following:— (a) The Minister. (b) The Adjutant-General. (c) The Commanding Officer of the military prisoner or the soldier undergoing detention. (d) Any officer duly authorised.
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AI explanation based on the official legal text. Indicative, not a substitute for legal advice.