Rules of Procedure (Defence Forces) 2008

JurisdictionIreland
CitationIR SI 204/2008
Year2008
STATUTORY INSTRUMENTS
S.I. No. 204 of 2008
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RULES OF PROCEDURE (DEFENCE FORCES) 2008
(Prn. A8/0872)
2[204]
S.I. No. 204 of 2008
RULES OF PROCEDURE (DEFENCE FORCES) 2008
I, WILLIE O’DEA, Minister for Defence, in exercise of the powers conferred
on me by sections 184 and 240 of the Defence Act 1954 (No. 18 of 1954) and of
all other powers enabling me in this behalf, hereby make the following Rules.
Rules of Procedure (Defence Forces) 2008
Part 1 — Preliminary and General
1. Citation, commencement and repeal
2. Interpretation
Part 2 — Chief Military Judge and Military Judge
3. Form of oath
4. Duties and functions of Chief Military Judge and Military judges
Part 3 — Appeals to summary court-martial
5. Appointment of prosecutor
6. Forwarding of documents to prosecutor
7. Listing of appeal for hearing
8. Abandonment of appeal
Part 4 — Summary or abstract of evidence
9. Trial pursuant to section 181
10. Summary or abstract of evidence
Part 5 — Charges and charge-sheets
11. Charge sheets
12. Commencement of charge-sheets
13. Contents of charge
14. Validity of charge-sheet
15. Joint trial
Part 6 — Pre-trial stage
16. Application to the Director for directions where person remanded or electing for
trial by court-martial
17. Application to the Director for consent to dismissal of charge or referral of
charge of scheduled offence (Part II) for summary investigations
18. Prosecution file to be submitted to the Director
19. Matters of which Director must be satisfied
20. Direction to convene court-martial
21. Direction to refer to summary court-martial
22. Withdrawal of charge
23. Referral back of charge
24. Consent to dismissal of charge
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiu
´il” of 11th July, 2008.
[204] 3
Rules of Procedure (Defence Forces) 2008
25. Reason
26. Preparation of defence
27. Selection and appointment of members of court-martial board
28. Order convening court-martial
29. Dissolution by Court-Martial Administrator
Part 7 — Post-trial stage
30. Promulgation — court-martial finding
31. Promulgation — appeal to summary court-martial
32. Promulgation — appeal from court-martial finding
33. Execution of sentences and punishments
34. Effective date of certain sentences
35. Orders for committal, transfer and release
36. Re-trial
37. Suspension of sentence
38. Notice of application to revoke suspension of sentence
39. Retention and supply of proceedings
40. Supply of copy of record of proceedings
Part 8 — Depositions (preliminary investigation in charge of an offence for which
a person would be required on conviction to be sentenced to imprisonment for
life)
41. Application of this Part
42. Preparation of defence for a preliminary investigation
43. Preliminary investigation
44. Materials to be considered
45. Non-application of provisions as to recording
46. Service of list of further witnesses, statements and list of exhibits
47. Use of deposition at trial
Part 9 — Courts of Inquiry and Boards
48. Court of Inquiry
49. Convening authorities
50. Composition
51. Appointment and functions of assessors
52. Convening of Courts of Inquiry
53. Attendance of and production of documents by witnesses subject to military law
54. Attendance of witnesses not subject to military law
55. Further witnesses
56. Appointment of new members
57. Court to continue, unless reduced below legal minimum
58. Procedure at court of inquiry
59. Procedure where reputation is adversely affected
60. Signature of proceedings or findings
61. Transmission of proceedings

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