Emergency Powers (Amendment) (No. 2) Act, 1940

Summary

The Emergency Powers (Amendment) (No. 2) Act, 1940 (No. 16 of 1940), enacted on 3 July 1940, amends and extends the Emergency Powers Act, 1939, notably by enabling the Government to provide for summary trial by military officers of specified offences, including the imposition and carrying out of the death sentence, with no appeal.

What the law regulates

Sub-section (5) of section 2 of the Emergency Powers Act, 1939.
The Government's power to provide by order for summary trial of specified offences by commissioned officers of the Defence Forces.
The duration of the amending Act.

Who it affects

Persons alleged to have committed offences specified in an order made under section 2 of the Principal Act, including persons not subject to military law.
The Government and commissioned officers of the Defence Forces exercising the trial power.

Key points

Section 1: "the Principal Act" means the Emergency Powers Act, 1939 (No. 28 of 1939).
Section 2: Sub-section (5) of section 2 of the Principal Act is amended by deleting the words "or the making of provision for the trial by courts-martial of persons not being persons subject to military law".
Section 3: The Government may, by order under section 2 of the Principal Act, provide for the summary trial, by commissioned officers of the Defence Forces, of any person alleged to have committed a specified offence, and, on conviction, for the imposition and carrying out of the death sentence; no appeal shall lie against such conviction or sentence.
Section 4: The Act continues in force so long as the Principal Act continues in force, and no longer.
Section 5: The Act may be cited as the Emergency Powers (Amendment) (No. 2) Act, 1940, and included in the Emergency Powers Acts, 1939 and 1940.

Legal text

Emergency Powers (Amendment) (No. 2) Act, 1940 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.

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s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1940 Emergency Powers (Amendment) (No. 2) Act, 1940 Emergency Powers (Amendment) (No. 2) Act, 1940 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 16 of 1940. EMERGENCY POWERS (AMENDMENT) (NO. 2) ACT, 1940. ARRANGEMENT OF SECTIONS Section 1. The Principal Act. 2. Amendment of section 2 of the Principal Act. 3. Summary trial and punishment of certain offences. 4. Duration of this Act. 5. Short title and collective citation. Act Referred to Emergency Powers Act, 1939 No. 28 of 1939 Number 16 of 1940. EMERGENCY POWERS (AMENDMENT) (NO. 2) ACT, 1940. AN ACT TO AMEND AND EXTEND THE EMERGENCY POWERS ACT, 1939 , FOR THE PURPOSE OF MAKING BETTER PROVISION FOR SECURING THE PUBLIC SAFETY AND THE PRESERVATION OF THE STATE IN TIME OF WAR. [3rd July, 1940.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— The Principal Act. 1.—In this Act the expression “the Principal Act” means the Emergency Powers Act, 1939 (No. 28 of 1939). Amendment of section 2 of the Principal Act. 2.—Sub-section

(5)of section 2 of the Principal Act is hereby amended by the deletion therefrom of the words “or the making of provision for the trial by courts-martial of persons not being persons subject to military law” now contained therein. Summary trial and punishment of certain offences. 3.—The Government may, by an Order under section 2 of the Principal Act, make provision for the trial, in a summary manner, by commissioned officers of the Defence Forces, of any person alleged to have committed any offence specified in such order, and, in case of the conviction of such person of such offence, for the imposition and the carrying out of the sentence of death, and no appeal shall lie in respect of such conviction or sentence. Duration of this Act. 4.—This Act shall continue in force so long as the Principal Act continues in force and no longer. Short title and collective citation. 5.—

(1)This Act may be cited as the Emergency Powers (Amendment) (No. 2) Act, 1940.

(2)This Act shall be included in the Acts which may be cited together as the Emergency Powers Acts, 1939 and 1940. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

AI explanation based on the official legal text. Indicative, not a substitute for legal advice.