Defence Act, 1954. Rules of Procedure (Defence Forces), 1954.

• Jurisdiction: Ireland
• Year: 1954
• Citation: IR SI 243/1954

S.I. No. 243 of 1954.
DEFENCE ACT, 1954. RULES OF PROCEDURE (DEFENCE FORCES), 1954.
ARRANGEMENT OF RULES.
PART I.—PRELIMINARY AND GENERAL.
1. Short title and commencement.
2. Interpretation—Abstract of Evidence.
the Act.
Authorised Officer.
Commanding Officer.
Oath and Swear.
Proper Military Authority.
Subordinate Officer.
Summary of Evidence.
3. Application of Rules.
4. Revocation.
PART II.—ARREST AND TRIAL.
5. Delay Report.
INVESTIGATION OF CHARGES.
6. Investigation by Commanding Officer.
7. Reference to and Trial by Authorised Officer of charges against Officers of rank lower than Commandant or Lieutenant-Commander.
8. Consideration by accused of his right to trial by court-martial.
9. Summary awards may not be increased ; but may be mitigated or reduced, etc.
ORDER FOR TRIAL PURSUANT TO section 181 of the act.
10. Trial under section 181—copy of order for, and of proceedings of court of inquiry to be served upon accused.
11. Abstract of Evidence.
TAKING OF SUMMARY OF EVIDENCE.
12. Summary of Evidence.
FRAMING CHARGES.
13. Charge-Sheet and Charge.
14. Commencement of Charge-Sheet.
15. Contents of Charge.
16. Validity of Charge-Sheet.
APPLICATION FOR COURT-MARTIAL.
17. Application for Court-martial.
CONVENING COURTS-MARTIAL.
18. Procedure for Convening.
19. Appointment of Judge-Advocate.
PREPARATION OF DEFENCE.
20. Preparation of Defence by accused person.
21. Joint trial of several accused persons.
PROCEDURE AT TRIAL—CONSTITUTION OF COURT.
22. Assembly of Court.
23. Procedure on assembly of Court.
24. Inability of officer named as member of Court to attend.
25. Adjournment for insufficient number of Officers.
26. Court to satisfy itself as to its legal constitution and fitness of accused to stand trial.
27. Court to satisfy itself as to amenability of accused, validity of charge.
PROCEDURE AT TRIAL—CHALLENGE AND SWEARING.
28. Appearance of Prosecutor, Counsel, etc.
29. Proceedings for challenge of members of Court.
30. Swearing of Members.
31. Swearing of Judge-Advocate and other persons.
32. Substitution of Solemn Declaration for Oath.
PROCEDURE AT TRIAL—PROSECUTION.
33. Arraignment of accused.
34. Objection by accused to Charge.
35. Amendment of Charge.
36. Special plea to the jurisdiction.
37. General plea of " Guilty " or " Not Guilty ".
38. Plea in Bar.
39. Procedure after plea of " Guilty ".
40. Withdrawal of plea of " Not Guilty ".
41. Plea of " Not Guilty ". Application for adjournment and case for prosecution.
42. Submission as to case for prosecution.
PROCEDURE AT TRIAL—DEFENCE.
43. At close of prosecution accused to be informed of his rights.
44. Procedure where no evidence as to facts given for defence.
45. Procedure where evidence as to facts given for defence by accused only.
46. Procedure where evidence as to facts given for defence by accused and other witnesses.
47. Procedure where evidence as to facts given for defence by witnesses (other than accused) but not by the accused.
PROCEDURE AT TRIAL—SUMMING-UP.
48. Summing-up by Judge-Advocate.
PROCEDURE AT TRIAL—FINDING AND SENTENCE.
49. Consideration of finding.
50. Form and record of finding.
51. Procedure on finding.
52. Procedure on conviction.
53. Forfeiture of seniority of rank and service for purpose of promotion.
54. Recommendation to mercy.
55. Pronouncement of sentence and signing and transmission of proceedings.
CONFIRMATION AND REVISION.
56. Procedure on revision.
57. Promulgation of confirmation or non-confirmation of finding and sentence and direction for re-trial.
58. Mitigation, remission or substitution.
59. Confirmation notwithstanding technical or other deviation.
60. Petition against finding and sentence (other than sentence of death).
61. Petition against sentence of death.
62. Provisions as to finding of insanity and custody of insane person.
63. Effective date of certain sentences.
GENERAL PROVISIONS AS TO PROCEEDINGS OF COURT.
64. Seating of members.
65. Responsibility of President and Judge-Advocate.
66. Power of court over address of Prosecutor and accused.
67. Procedure on trial of accused persons together.
68. Separate charge-sheets.
69. Sitting in open Court.
70. Time for trial.
71. Continuity of trial and adjournment of Court.
72. Suspension of Trial.
73. Proceedings on death or illness of accused.
74. Presence throughout of all members of Court.
75. Taking opinions of members of Court.
76. Procedure on incidental question.
77. Swearing of Court to try several persons.
78. Swearing of interpreter and shorthand writer.
GENERAL PROVISIONS AS TO WITNESSES AND EVIDENCE.
79. Evidence to be relevant and according to rules in civil courts.
80. Judicial notice.
81. Calling of all Prosecutor's witnesses.
82. Calling of witness whose evidence is not contained in the Summary or Abstract.
83. List of witnesses of accused.
84. Procuring attendance of witnesses.
85. Adjournment of Court for non-attendance of witnesses.
86. Withdrawal of witnesses from Court.
87. Swearing of witnesses.
88. Examination and cross-examination.
89. Mode of questioning witnesses and recording of evidence.
90. Questions to witness by members of Court or Judge-Advocate.
91. Recalling witnesses and calling of witnesses in reply.
COUNSEL AND DEFENDING OFFICER.
92. Counsel—Rights of.
93. Counsel for Prosecutor.
94. Counsel for accused.
95. General Rules as to Counsel.
96. Defending Officer.
PROCEEDINGS.
97. Record in proceedings of transactions of Court-martial.
98. Custody and inspection of proceedings.
99. Transmission of proceedings after findings.
100. Preservation of proceedings.
101. Rate of payment for copies of proceedings.
102. Loss or destruction of proceedings.
JUDGE-ADVOCATE.
103. Death, illness or absence of Judge-Advocate.
104. Powers and duties of Judge-Advocate.
EXCEPTION FROM RULES.
105. Suspension of Rules on the ground of service exigencies or the necessities of discipline.
PART III.—COURTS OF INQUIRY.
106. Definition.
107. Convening Authorities.
108. Composition.
109. Assessors—Appointment and functions of.
110. Convening of.
111. Witness subject to military law—attendance of, and production of documents.
112. Witness not subject to military law—attendance of.
113. Further witnesses.
114. Appointment of new members.
115. Court to continue unless reduced below legal minimum.
116. Procedure at.
117. Procedure where military reputation or character is adversely affected.
118. Proceedings or findings—signature of.
119. Proceedings, transmission of.
120. Re-assembly of.
121. Proceedings of—when admissible in evidence.
122. Findings not admissible in evidence.
123. Copy of proceedings and findings, when furnished.
124. Illegal Absence, Additional matters.
PART IV.—BOARDS.
125. Definition.
126. Convening Authorities.
127. Composition.
128. Procedure.
PART V.—DECLARATION AND PRESCRIPTION OF PRESCRIBED OFFICERS, PRESCRIBED AUTHORITIES, AND PRESCRIBED PERSONS FOR THE PURPOSES OF PART V (EXCEPT CHAPTERS IV AND X) OF the Act.
129. Prescribed Officer.
130. Prescribed Authority.
131. Prescribed Person.
PART VI.—MISCELLANEOUS.
132. Exercise of powers vested in holder of military office.
133. Cases unprovided for.
134. Orders for commitment, transfer and release, etc.
135. Forms in Appendices.
136. Reports and applications to superior authority.
APPENDICES.
APPENDIX I.
Form of Order for trial by Court-martial without previous investigation.
APPENDIX II.
Form of Summons to a Civilian Witness in the case of a Summary of Evidence.
APPENDIX III.
Form of Application for a Court-martial.
APPENDIX IV.
Form of Order for the assembly of a General or Limited Court-martial.
APPENDIX V.
Form of certificate of conformity with Rule 20.
APPENDIX VI.
Forms of Oaths and Declarations.
APPENDIX VII.
Form of Promulgation of Findings and Sentence and particulars as to confirmation thereof.
APPENDIX VIII.
Form of Petition.
APPENDIX IX.
Form of Notice of Intention to call a witness whose evidence is not contained in the Summary or Abstract of Evidence.
APPENDIX X.
Form of summons to a civilian witness in the case of a Court-martial.
APPENDIX XI.
Court-martial Forms.
APPENDIX XII.
Form of Medical Certificate.
APPENDIX XIII.
Form of Ten day Delay Report.
APPENDIX XIV.
Form of Declaration of Military exigencies or the Necessities of Discipline.
APPENDIX XV.
Form of Notice of Assembly of a Court of Inquiry.
APPENDIX XVI.
Form of Declaration to be entered in the service books pursuant to subsection 3 (b) (ii) of section 174 of the act.
APPENDIX XVII.
Forms of Orders for Commitment, Transfer and Release.
I, SEAN MacEOIN, Minister for Defence, in exercise of the powers conferred on me by section 240 of the Defence Act, 1954 (No. 18 of 1954), and of every and any other power me in this behalf enabling, do hereby make the following Rules :—
PART I. —PRELIMINARY AND GENERAL.
	1 Short title and commencement.	1.—(1) These Rules may be cited as the Rules of Procedure (Defence Forces), 1954.
(2) These Rules shall come into operation on the 1st day of January, 1955.
	2 Interpretation.	2.—(1) In these Rules :—
abstract of evidence.
" abstract of evidence " means—
(a) except for the purposes of Rule 7, the statement in writing, prepared in accordance with Rule 11 of these Rules, of the evidence of witnesses proposed to be called at the trial by Court-martial of an accused person,
(b) for the purposes of Rule 7, a statement in writing of the evidence of the witnesses (including the evidence or statement, if any, of the...