Rules of Procedure (Defence Forces) 1983

JurisdictionIreland
CitationIR SI 22/1983
Year1983

S.I. No. 22 of 1983.

RULES OF PROCEDURE (DEFENCE FORCES), 1983.

I, PATRICK COONEY, Minister for Defence, in exercise of the powers conferred on me by section 240 of the Defence Act, 1954 (No. 18 of 1954), hereby make the following rules:

1. (1) These Rules may be cited as the Rules of Procedure (Defence Forces), 1983.

(2) The Principal Rules, the Rules of Procedure (Defence Forces) 1954 (Amendment) Rules, 1955 ( S.I. No. 58 of 1955 ), and these Rules may be cited together as the Rules of Procedure (Defence Forces), 1954 to 1983.

2. In these Rules "the Principal Rules" means the Rules of Procedure (Defence Forces), 1954 ( S.I. No. 243 of 1954 ).

3. (1) Where a charge preferred against a person subject to military law is a capital charge or a charge of murder, then, notwithstanding anything contained in the Principal Rules, the following provisions shall apply:

( a ) as regards either or both of the following, namely, the investigation of the charge pursuant to Rule 6 of the Principal Rules and the taking down of the evidence pursuant to Rule 12 of the Principal Rules—

(i) the person may, if he so wishes, be represented by counsel or by a solicitor or by an officer subject to military law,

(ii) the person by whom the charge is preferred may, if he so wishes, be represented by counsel or by a solicitor or by an officer subject to military law, and

( b ) the officer who in relation to the proceedings is the commanding officer may have a legal officer or some other person who is of counsel or who is a solicitor to be in attendance on him as regards the proceedings.

(2) Where a person referred to in paragraph (1) (a) (i) of this Rule indicates that he wishes to be represented, pursuant to that paragraph, by an officer subject to military law, such officer shall be assigned to represent him at the relevant investigation or the taking down of the evidence, as may be appropriate, and such assignment shall be made by a person who, pursuant to section 187 of the Defence Act, 1954 (No. 18 of 1954), has the power to convene a general court-martial.

(3) Where pursuant to this Rule there is in attendance a legal officer or other person, such officer or person may, as regards the relevant proceedings, advise the commanding officer he is so attending, question any witness on behalf of such officer or otherwise act on behalf of or assist such officer in the performance of his duties as regards the proceedings.

GIVEN under my Official Seal, this...

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