Courts-Martial appeals act, 1983

Act Number19
Enactment Date29 June 1983


Number 19 of 1983


COURTS-MARTIAL APPEALS ACT, 1983


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title.

2.

Commencement of Part III.

3.

Definitions.

4.

Expenses.

5.

Amendment of section 202 of Act of 1954.

6.

Amendment of section 203 of Act of 1954.

7.

Amendment of section 215 of Act of 1954.

8.

Restriction of section 224 of Act of 1954.

PART II

Courts-Martial Appeal Court

9.

Establishment and constitution of the Courts-Martial Appeal Court.

10.

Court to be a superior court of record, etc.

11.

Registrar of the Court.

12.

Sittings and procedure of the Court.

13.

Right of appeal to the Court.

14.

Appeal to the Supreme Court.

15.

Interlocutory applications.

16.

Consequential orders of the Court.

17.

Hearing of appeal by the Court.

18.

Jurisdiction of the Court.

19.

Finding of guilty but insane.

20.

Convictions and sentences of the Court, etc.

21.

Postponement of execution of sentence of death.

22.

Defence of appeal.

23.

Rules of court.

24.

Application of Part II.

PART III

Legal Aid

25.

Definitions for Part III.

26.

Legal aid (preliminary proceedings) certificate.

27.

Legal aid (court-martial) certificate.

28.

Legal aid (Courts-Martial Appeal Court) certificate.

29.

Legal aid (Supreme Court) certificate.

30.

Payment of expenses of legal aid.

31.

Restriction of section 18.

32.

Statement as to means.

33.

Regulations.

34.

Penalty for false or misleading statements.


Acts Referred to

Defence Act, 1954

1954, No. 18

Defence Acts, 1954 to 1979


Number 19 of 1983


COURTS-MARTIAL APPEALS ACT, 1983


AN ACT TO ESTABLISH A COURTS-MARTIAL APPEAL COURT, TO MAKE PROVISION FOR THE GRANT BY THE STATE OF FREE LEGAL AID IN CERTAIN COURTS-MARTIAL CASES AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH. [29th June, 1983]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary and General

Short title.

1.—This Act may be cited as the Courts-Martial Appeals Act, 1983.

Commencement of Part III .

2. Part III of this Act shall come into operation on such day as may be fixed therefor by order of the Minister.

Definitions.

3.—In this Act—

“the Act of 1954” means the Defence Act, 1954 ;

“the Court” means the Courts-Martial Appeal Court established by section 9 ;

“the Minister” means the Minister for Defence.

Expenses.

4.—The expenses incurred by a Minister of the Government in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Amendment of section 202 of Act of 1954.

5.—Section 202 of the Act of 1954 is hereby amended—

(a) by the substitution of the following paragraph for paragraphs (b) and (c) of subsection (1):

“(b) the court-martial shall order that such person be kept in custody in an institution suitable for the detention of such person until such time as he is fit to take his trial or until his release is sooner ordered by the Minister or the High Court, which court shall for that purpose have all the powers which a judge of the Central Criminal Court would have had if the case had been tried before him.”, and

(b) by the substitution of the following subsection for subsection (2):

“(2) A finding under this section shall not require confirmation or be subject to revision.”,

and that section, as so amended, is set out in the Table to this section.

TABLE

202.—(1) Where at the trial by court-martial of a person charged with an offence it appears that such person is by reason of insanity unfit to take his trial, the following provisions shall have effect, that is to say:—

(a) the court-martial shall find specially that fact;

(b) the court-martial shall order that such person be kept in custody in an institution suitable for the detention of such person until such time as he is fit to take his trial or until his release is sooner ordered by the Minister or the High Court, which court shall for that purpose have all the powers which a judge of the Central Criminal Court would have had if the case had been tried before him.

(2) A finding under this section shall not require confirmation or be subject to revision.

Amendment of section 203 of Act of 1954.

6.—Section 203 of the Act of 1954 is hereby amended—

(a) by the substitution of the following paragraph for paragraphs (b) and (c) of subsection (1):

“(b) the court-martial shall order that such person be kept in custody in an institution suitable for the detention of such person until further order of the High Court, which court shall for that purpose have all the powers which a judge of the Central Criminal Court would have had if such person had been tried before him.”, and

(b) by the substitution of the following subsection for subsection (2):

“(2) A finding under this section shall not require confirmation or be subject to revision.”,

and that section, as so amended, is set out in the Table to this section.

TABLE

203.—(1) Where at the trial by court-martial of a person charged with an offence it appears that such person did the act or made the omission charged, but was insane at the time when he did the said act or made the said omission, the following provisions shall have effect, that is to say:—

(a) the court-martial shall find specially that the accused was guilty of the act or omission charged but was insane at the time he did the act or made the omission;

(b) the court-martial shall order that such person be kept in custody in an institution suitable for the detention of such person until further order of the High Court, which court shall for that purpose have all the powers which a judge of the Central Criminal Court would have had if such person had been tried before him.

(2) A finding under this section shall not require confirmation or be subject to revision.

Amendment of section 215 of Act of 1954.

7.—Section 215 of the Act of 1954 is hereby amended by the substitution for “Subject to section 204,” of “Subject to sections 202 to 204,” and that section, as so amended, is set out in the Table to this section.

TABLE

215.—Subject to sections 202 to 204, the finding and sentence of a court-martial shall not be valid except in so far as the same may be confirmed by a confirming authority under this Chapter.

Restriction of section 224 of Act of 1954.

8.—Section 224 of the Act of 1954 (quashing of finding of court-martial) shall not have effect in relation to the finding or sentence of a court-martial against which the person convicted may, by virtue of an order under section 24 of this Act, appeal to the Court.

PART II

Courts-Martial Appeal Court

Establishment and constitution of the Courts-Martial Appeal Court.

9.—(1) A Court of Appeal, which shall be called An Chúirt Achomhairc Armchúirteanna (The Courts-Martial Appeal Court) and is referred to in this Act as “the Court”, is hereby established.

(2) For the purpose of hearing and determining any particular appeal cognisable by the Court, the Court shall be summoned in accordance with directions to be given by the Chief Justice, and the Court shall be duly constituted if it consists of not less than three judges—

(a) of whom one shall be either—

(i) the Chief Justice, or

(ii) an ordinary judge of the Supreme Court nominated by the Chief Justice, and

(b) of whom the other two shall be either—

(i) two ordinary judges of the High Court nominated by the Chief Justice, or

(ii) the President of the High Court, if nominated by the Chief Justice and willing to act, and one ordinary judge of the High Court nominated by the Chief Justice,

but any other available judge or judges of the Supreme Court or the High Court may, at the request of the Chief Justice, attend as a member or members of the Court.

Court to be a superior court of record, etc.

10.—The Court shall be a superior court of record and shall, for the purposes and subject to the provisions of this Part of this Act, have full power to determine any questions necessary to be determined for the purpose of doing justice in the case before it.

Registrar of the Court.

11.—(1) The Registrar of the Supreme Court shall act as Registrar of the Court and shall perform and fulfil in relation to the Court all such duties and functions as are usually performed and fulfilled by the registrar of a court, and shall also have and exercise such powers and authorities and perform and fulfil such duties and functions as shall from time to time be assigned to him by statute or by rule of court under section 23 of this Act.

(2) The Registrar of the Supreme Court shall be subject to the directions of the Chief Justice in regard to all matters relating to the conduct of that part of the business of the Court which is for the time being required by law to be transacted by or before one or more of the judges of the Court.

(3) The business of the Court (except such business as is for the time being required by law to be transacted by or before one or more of the judges of the Court) shall be transacted in the Office of the Registrar of the Supreme Court.

Sittings and procedure of the Court.

12.—(1) The Court shall sit in Dublin except in cases where the Chief Justice gives special directions that it shall sit elsewhere.

(2) The President of the Court shall be such member present as shall be entitled to precedence over the other members, and the determination of all questions before the Court shall be according to the...

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