Court-Martial Rules 2011

• Jurisdiction: Ireland
• Citation: IR SI 580/2011
• Year: 2011

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 18th November, 2011.

We, the Courts-Martial Rules Committee, constituted pursuant to the provisions of section 240A (inserted by section 71 of the Defence (Amendment) Act 2007 (No. 24 of 2007)) of the Defence Act 1954 (No. 18 of 1954), in exercise of the powers conferred on us by section 240B (as amended by section 10 of the Defence (Amendment) Act 2011 (No. 17 of 2011)) of the Defence Act 1954 (No. 18 of 1954), and of all other powers enabling us in this behalf, do hereby make the following rules:

Dated this 12 day of November 2011.

Donagh McDonagh Chairperson

Oonah McCrann

Fergal Foley

Niall Farrell

Faye Breen

Jason Kearney

Jerry Lane Secretary

I concur in the making of the following Rules.

Dated this 12 day of November 2011.

ALAN SHATTER,

Minister for Defence.

1. (1) These Rules may be cited as the Court-Martial Rules 2011.

(2) The Court-Martial Rules 2008 to 2009 and these Rules may be cited together as the Court-Martial Rules 2008 to 2011 and shall be construed together as one.

(3) These Rules come into operation on 10 November 2011.

2. In these Rules, “Principal Rules” means the Court-Martial Rules 2008 ( S.I. No. 205 of 2008 ).

3. Rule 92(2) of the Principal Rules shall not apply to a Circuit Judge who has been temporarily designated under section 11A of the Act of 1947 to perform the functions of a military judge.

4. The Schedule of Forms to the Principal Rules is amended—

(a) by substituting the form set out in Schedule 1 for Form 2,

(b) by substituting the form set out in Schedule 2 for Form 3,

(c) by substituting the form set out in Schedule 3 for Form 5,

(d) by substituting the form set out in Schedule 4 for Form 6,

(e) by substituting the form set out in Schedule 5 for Form 9,

(f) by substituting the form set out in Schedule 6 for Form 10,

(g) by substituting the form set out in Schedule 7 for Form 12,

(h) by substituting the form set out in Schedule 8 for Form 13,

(i) by substituting the form set out in Schedule 9 for Form 14,

(j) by substituting the form set out in Schedule 10 for Form 17,

(k) by substituting the form set out in Schedule 11 for Form 20,

(l) by substituting the form set out in Schedule 12 for Form 22, and

(m) by substituting the form set out in Schedule 13 for Form 23.

Schedule 1

“Form 2

Register Number:

DEFENCE ACT 1954, PART V

COURT-MARTIAL RULES 2008, rules 16(3) and 59(2)

STATEMENT AS TO CHARACTER AND PARTICULARS OF SERVICE OF APPELLANT OR ACCUSED

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

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

Director of Military Prosecutions Respondent

Or

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

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

(1) The following is a true extract of the disciplinary entries in the Record Sheet, *A.F. 43(a)/ *A.F.108 of the *appellant/* accused (if no such entries, same to be stated) and in the service books of *his/*her unit.

Summary Award(s) Date of offence.............. Particulars of offence.............. Punishment.............. Date of offence.............. Particulars of offence.............. Punishment..............

Court(s)-martial Date of trial.............. Date of offence.............. Particulars of offence.............. Sentence.............. Date of trial.............. Date of offence.............. Particulars of offence.............. Sentence..............

Civil convictions Date of trial or plea.............. Date of offence.............. Particulars of offence.............. Court.............. Sentence..............

PARTICULARS AS TO SERVICE

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

or

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

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

(5) The present age of the *appellant/*accused according to the Record Sheet *A.F. 43(a)/*A.F.108 is............

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

or

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

or

The *appellant/*accused was first *attested/*inducted on the ................... date of ............................................................ 19/20 .............. and has served continuously in the Permanent Defence Force as an officer since the.......... day of.................. 19/20...........

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

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

*He/*She has not been demoted during service.

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

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

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

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

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

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

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

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

I certify that the foregoing are true extracts from Record Sheet *A.F. 43(a)/ *A.F.108 and service records in my custody.

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

Officer having custody of records

*Delete where inapplicable”.

Schedule 2

“Form 3

Register Number:

DEFENCE ACT 1954, SECTION 178G(3)

COURT-MARTIAL RULES 2008, rule 15

ORDER OF THE SUMMARY COURT-MARTIAL ON HEARING AN APPEAL

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

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

Director of Military Prosecutions Respondent

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

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

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

THE SUMMARY COURT-MARTIAL

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

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

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

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

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

HEREBY ORDERS as follows—

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

Signed........................................................................

*Military Judge/*Circuit Judge

*Delete where inapplicable”.

Schedule 3

“Form 5

Register Number:

DEFENCE ACT 1954, PART V

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

COURT-MARTIAL RULES 2008, rule 31(1)

COMMITTAL WARRANT AND DIRECTION FOR EXAMINATION

Director of Military Prosecutions Prosecutor

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

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

To the Provost Marshal

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

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

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

AND THE COURT-MARTIAL DIRECTS THAT the said accused be examined by an approved medical officer at the said designated centre and the approved medical officer concerned is required by...