Rules of Procedure (No. 3) (Defence Forces) 1983

• Jurisdiction: Ireland
• Citation: IR SI 202/1983
• Year: 1983

S.I. No. 202 of 1983.

RULES OF PROCEDURE (No. 3) (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 (No. 3) (Defence Forces), 1983.

(2) The collective citation "the Rules of Procedure (Defence Forces), 1954 to 1983" shall include these Rules. 2. In these Rules—

"the No. 2 Rules of 1983" means the Rules of Procedure (No. 2) (Defence Forces), 1983 ( S.I. No. 72 of 1983 );

"the Principal Rules" means the Rules of Procedure (Defence Forces), 1954 ( S.I. No. 243 of 1954 ). 3. Where pursuant to Rule 3 (1) of the Rules of Procedure (Defence Forces), 1983 ( S.I. No. 22 of 1983 ), as amended by Rule II of the No. 2 Rules of 1983, an accused person is entitled to be represented by counsel or by a solicitor at the investigation of a charge pursuant to the No. 2 Rules of 1983, his commanding officer shall, prior to the commencement of such investigation, inform him that he may, if he so wishes, apply for legal aid. 4. The officer by whom, pursuant to Rule 20 of the Principal Rules, the documents referred to in paragraph (1) of that Rule are delivered to an accused person shall, at the same time as such person is supplied with the said documents, inform him that he may, if he so wishes, apply for legal aid. 5. The Principal Rules are hereby amended by—

( a ) the substitution of the following rule for Rule 60:

"Petition against sentence (other than sentence of death).

60. (1) Where a person has been sentenced by a court to suffer any punishment (other than death), subject to paragraph (4) of this Rule, a petition against such sentence may be presented by or on behalf of such person.

(2) A petition under paragraph (1) of this Rule shall be presented to a superior authority (other than the Minister) for the purposes of section 221 of the Act:

Provided that a superior authority who has confirmed the findings and sentence of the court-martial in the case to which the petition relates may not consider the petition.

(3) Where as regards a petition presented under paragraph (1) of this Rule a person is not satisfied with the decision thereon he may present a further petition to the Minister.

(4) A petition presented under paragraph (1) of this Rule shall not be presented until after the expiration of the period during which an appeal may be taken to the Courts-Martial Appeal Court as regards the proceedings to which the petition relates, and in case such an appeal is taken the petition shall not be presented until—

( a ) the appeal is withdrawn, or

( b ) the appeal is determined by such court, or

( c ) in case there is an appeal as regards the said proceedings to the Supreme Court (other than an appeal taken by virtue of section 14 (2) of the Courts-Martial Appeals Act, 1983 (No. 19 of 1983)), the appeal to the Supreme court is either determined or withdrawn.

(5) A person to whom a petition under this Rule is duly presented shall, as soon as may be, give his decision thereon and cause such decision to be communicated to the petitioner.

(6) A petition under this Rule shall be in the form prescribed in Appendix VIII to these Rules and shall be signed by the petitioner.";

( b ) the substitution of the following rule for Rule 61:

"Petition against sentence of death.

61. (1) A petition against sentence by or on behalf of a person who has been sentenced by a court to suffer death shall be presented to the Government.

(2) Paragraphs (4) and (5) of Rule 60 of these Rules shall, with the necessary modifications, apply in relation to a petition described in paragraph (1) of this Rule.";

( c ) the substitution of the following rule for Rule 62:

"Provisions as to finding of insanity and custody of insane person.

62. (1)...