DEFENCE FORCES (TEMPORARY PROVISIONS) ACT, 1923

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Number 30.


DEFENCE FORCES (TEMPORARY PROVISIONS) ACT, 1923.


ARRANGEMENT OF SECTIONS

Section

1.

Short Title and Duration of Act.

2.

Definition of expression “on active service”.

3.

Definitions.

PART I

CHAPTER I

Establishment of Defence Forces

4.

Raising and number of Defence Forces.

5.

Control of Forces.

CHAPTER II

Organisation of the Forces

6.

Personnel of Forces.

7.

General Organisation of Forces.

CHAPTER III

Administration

8.

Commissioned ranks in the Forces.

9.

Non-commissioned ranks in the Forces.

10.

Granting of Commissions.

11.

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

12.

Power to establish Military Districts.

13.

Power to establish Head quarters, etc., Staffs.

14.

Officers in executive command.

15.

Officers holding commissions during pleasure.

16.

Appointment from ranks to commissioned ranks.

17.

Resignation of officers.

18.

Appointment of officers.

19.

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

20.

Half-pay and unattached list.

21.

Engagement and service in the Forces.

22.

Date of Establishment.

CHAPTER IV

Military Education

23.

Military College.

24.

Classes of Instruction.

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

26.

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

27.

Military Command in time of war.

28.

Discharge on service.

CHAPTER VI

Special Powers in Relation to Defence

29.

General Powers of Minister with consent of Executive Council.

30.

Manoeuvres and training.

CHAPTER VII

Power to make Regulations

31.

Regulations.

PART II

CHAPTER I

Discipline

32.

Offences in relation to the enemy punishable with death.

33.

Offences in relation to the enemy not punishable with death.

34.

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

35.

Disclosing information.

36.

Mutiny and sedition.

37.

Striking or threatening a superior officer.

38.

Disobedience to superior officer.

39.

Insubordination.

40.

Breaking quarters.

41.

Neglect to obey orders.

42.

Desertion.

43.

Connivance at desertion.

44.

Fraudulent enlistment.

45.

Absence without leave.

46.

Scandalous conduct of an officer.

47.

Fraud by persons in charge of moneys or goods.

48.

Malingering or inducing injury. Disgraceful conduct.

49.

Drunkenness.

50.

Permitting escape of prisoners.

51.

Irregular arrest or confinement Escaping.

52.

Offences in relation to property.

53.

Falsifying official documents and false declarations.

54.

False accusation.

55.

False accusation or false statement.

56.

Offences in relation to Courts-Martial.

57.

False evidence.

58.

Offences in relation to billeting.

59.

Offences in relation to impressment of carriages and their attendants.

60.

Travelling without ticket, etc.

61.

Offences in relation to enlistment.

62.

General offences in relation to enlistment.

63.

Ill-treating a soldier.

64.

Ill-treating a person in military custody.

65.

Withholding pay.

66.

Wounding through negligence. Offences in relation to firearms.

67.

Refusal to hand over offender to Civil authority.

68.

Conduct to the prejudice of good order and military discipline.

69.

Offences punishable by ordinary law of Saorstát Éireann.

70.

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

71.

Effect of certain sentences.

72.

Permitted combination of punishments.

73.

Restrictions on sentences.

74.

Power to place offender in arrest.

75.

General as to arrest.

76.

Guard Report.

77.

Charge to be investigated without delay.

78.

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

79.

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

80.

Charges against a soldier which may be summarily dealt with.

81.

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

82.

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

83.

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

84.

Investigation of a charge against an officer.

85.

Investigation of a charge against a non-commissioned officer.

86.

Investigation of a charge against a private soldier.

87.

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

88.

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

89.

Restriction on jurisdiction of Courts-Martial.

90.

Classes of Courts-Martial.

91.

General Courts-Martial.

92.

Local Courts-Martial.

93.

Disqualifications for membership of Courts-Martial.

94.

Challenges by accused.

95.

Swearing of Court.

96.

Plea in bar.

97.

Evidence to be on oath.

98.

Right of accused and his wife to give evidence.

99.

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

100.

Finding.

101.

Conviction of offence other than offence charged with.

102.

Voting generally.

103.

Death Sentence.

104.

Sentences generally.

105.

Procedure generally.

106.

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

107.

Position of legal adviser at Courts-Martial.

108.

Summoning and privilege of witnesses at Courts-Martial.

109.

Misconduct of civilian witness at Court-Martial.

110.

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

111.

Insanity of person imprisoned or undergoing detention.

112.

Right of person tried to copy of proceedings.

113.

Finding and sentence not to be valid unless confirmed.

114.

Confirming authorities.

115.

Powers of confirming authority.

116.

Procedure where finding or sentence sent back for revision.

117.

Execution of sentence of penal servitude.

118.

Execution of sentence of imprisonment or detention.

119.

Inquiry by Court on absence of a soldier.

120.

Confession by soldier of desertion or fraudulent enlistment.

121.

Power as to restitution of stolen property.

122.

Mode of complaint by officer.

123.

Mode of complaint by soldier.

124.

Military command.

125.

Power to Minister to make rules of procedure.

CHAPTER II

Pay

126.

Authorised deductions from pay only to be made.

127.

Automatic forfeiture of pay of officers.

128.

Automatic forfeiture of pay of soldiers.

129.

Definition of expression “Day”.

130.

Deductions from ordinary pay of officers which may be made.

131.

Deductions from ordinary pay of soldiers which may be made.

132.

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

133.

Supplemental as to deductions from ordinary pay.

134.

Prohibition of assignment of pay, etc.

135.

Punishment of false oath and personation.

CHAPTER III

Prisons and Detention Barracks

136.

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

137.

Establishment and regulation of military prisons.

138.

Classification of prisoners.

CHAPTER IV

Exemptions of Officers and Soldiers

139.

Exemptions of officers and soldiers from tolls.

140.

Exemption of soldiers in respect of civil process.

141.

Liability of soldier to maintain wife and children.

142.

Officers not to be sheriffs or mayors.

143.

Exemption from jury.

CHAPTER V

Enlistment

144.

Limit of original enlistment.

145.

Terms of original enlistment.

146.

Change of conditions of service.

147.

Reckoning of service.

148.

Mode of enlistment and attestation.

149.

Power of recruit to purchase discharge.

150.

Enlistment for general service and appointment to corps.

151.

Effect of appointment to a corps and provision for transfers.

152.

Re-engagement of soldier.

153.

Continuance in service after 21 years' service.

154.

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

155.

Prolongation of service in certain cases.

156.

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

157.

Discharge or transfer to Reserve.

158.

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

159.

Regulations as to discharge of soldiers.

160.

Regulations as to persons to enlist and enlistment of soldiers.

161.

Claims of masters to apprentices.

...

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