The Courts-Martial Appeal Court Rules. 1983

• Jurisdiction: Ireland
• Citation: IR SI 206/1983

S.I. No. 206 of 1983.

THE COURTS-MARTIAL APPEAL COURT RULES.

We, the Superior Courts Rules Committee, by virtue of the powers conferred upon us by the Courts-Martial Appeals Act, 1983 , section 23, and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

Dated this 18th day of July, 1983.

THOMAS F. O'HIGGINS, BRIAN WALSH, FRANK GRIFFIN, HERBERT R. McWILLIAM, MELLA CARROLL, W. B. ALLEN, D. R. PIGOT.

I concur in the making of the annexed Rules of Court.

Dated this 18th day of July, 1983.

MICHAEL NOONAN,

Aire Dlí agus Cirt.

S.I. No. 206 of 1983.

THE COURTS-MARTIAL APPEAL COURT RULES.

I. PRELIMINARY. 1. In these Rules:

"the convening authority" means the person by whom the trial court-martial was convened;

"Court" means "Courts-Martial Appeal Court" and shall, in relation to any interlocutory application, include the Chief Justice or any Judge of the Supreme Court nominated by the Chief Justice to hear and determine such application;

"the Deputy Judge Advocate General" means the Deputy Judge Advocate General, Adjutant-General's Branch, Department of Defence;

"detention barrack" means a building or part of a building which has been declared under section 232 of the Defence Act, 1954 , to be a detention barrack;

"exhibit" means any document or thing which has been produced and used in evidence at the trial court-martial, whether it is attached to the proceedings of the court-martial or not;

"promulgation" means promulgation in accordance with Rule 57 of the Rules of Procedure (Defence Forces), 1954 ( S.I. No. 243 of 1954 );

"the Registrar" means the Registrar of the Courts-Martial Appeal Court;

"trial court-martial" means a court-martial from the conviction by, or the sentence of, which a person appeals to the Court. 2. The forms set out in the Appendix shall be used in all cases to which such forms are applicable and the forms in these Rules referred to are those set out in such Appendix.

II. NOTICE OF APPEAL. 3. A person desiring to appeal to the Court shall serve on the Registrar a notice of appeal in the Form No. 1. The notice so served shall answer the question and comply with the requirements set forth on such form. 4. (1) Except as provided in sub-rule (2), every notice of appeal shall be served within 14 days next after the date of the promulgation of the confirmation of the finding and sentence of the trial court-martial.

(2) In the case of a person convicted by a court-martial while serving outside the State with an International United Nations Force (as defined in section 1 (1) of the Defence (Amendment) (No. 2) Act, 1960 ), a notice of appeal shall be served within 30 days next after the date mentioned in sub-rule (1). 5. When the Registrar receives a notice of appeal, he shall give notice thereof in the Form No. 2 to the following persons:

( a ) the Chief State Solicitor;

( b ) the convening authority;

( c ) the Deputy Judge Advocate General

and also, if the appellant is in a prison or detention barrack or if the operation of his sentence has been suspended or if he has been released on bail—

( d ) the Governor of such prison or detention barrack, as the case may be;

( e ) the Secretary of the Department of Defence;

provided that the Registrar shall not be required to give such notice to the Governor of a prison or detention barrack if the appellant's notice of appeal shall have been forwarded to the Registrar by such Governor.

III. ENLARGEMENT OF TIME FOR APPEALING. 6. (1) The Court shall have power to enlarge the time appointed for doing any act or taking any proceeding upon such terms (if any) as the justice of the case may require, and any such enlargement may be ordered although the application for the same is not made until after the expiration of the time appointed.

(2) An application to the Court for an enlargement of time within which notice of appeal may be served shall be in the Form No. 3.

(3) The form of application shall, in addition to specifying the grounds of such application, also specify the grounds on which the applicant proposes to base his appeal.

IV. APPEAL WHERE FINE IS INFLICTED. 7. (1) Where a person has, on his conviction, been sentenced to a fine, the person lawfully authorised to receive such fine, shall, on receiving the same, retain it until the determination of any appeal in relation thereto.

(2) An appellant who has been sentenced to a fine and has paid the same in accordance with such sentence, shall, in the event of an appeal by him being successful, be entitled, subject to any order of the Court, to the return of the sum so paid by him.

V. SUSPENSION OF ORDERS OF TRIAL COURT-MARTIAL PENDING APPEAL. 8. Where, on the conviction of a person, the trial court-martial directs, pursuant to section 213 of the Defence Act, 1954 , the payment by that person of a sum as compensation for any expense, loss, damage or destruction occasioned by the offence of which he was convicted, the operation of such direction shall be suspended until the expiration of 14 clear days, or in any case to which rule 4 (2) applies 30 clear days, next after the date of promulgation of the finding and sentence of the trial court-martial and, in cases where notice of appeal is duly given, the period of suspension of such direction shall continue until the determination thereof. 9. An appellant who has been directed by the trial court-martial to pay any sum as compensation and has paid the same in accordance with such direction shall, in the event of an appeal by him being successful, be entitled, subject to any order of the Court, to the return of the sum so paid by him.

VI. PROCEEDINGS OF TRIAL COURT-MARTIAL. 10. (1) On request by the Registrar, the Deputy Judge Advocate General shall furnish to him the proceedings of the trial court-martial.

(2) A party interested in an appeal may obtain from the Registrar a copy of the proceedings of the trial court-martial or any part thereof as relates to the appeal upon payment of the proper charges.

VII. EXHIBITS FOR USE OF THE COURT AND APPELLANTS. 11. (1) The Registrar may, on an application made to him by the appellant or the convening authority, or shall where he considers the same to be necessary for the proper determination of any appeal, or where directed by the Court so to do, obtain and keep available for use by the Court, any documents, exhibits, or other things relating to the proceedings before the Court, and, pending the determination of the appeal, such documents, exhibits, or other things shall be open, as and when the Registrar may arrange, for the inspection of any party interested. In suitable cases the Registrar may, in lieu of obtaining possession of any such documents, exhibits or other things, direct any person having the custody and control thereof to make the same available for inspection by any party interested at such time and place as the Registrar shall direct.

(2) The Court may, at any stage of an appeal, on the application of an appellant or the convening authority, order any document, exhibit, or other thing connected with the proceedings to be produced to the Registrar by any person having the custody or control thereof.

(3) Service of any order made under this rule shall be personal, unless the Court otherwise orders, and for the purpose of effecting due service thereof the Registrar may require the assistance of the Garda Síochána, and it shall be their duty to carry out any directions of the Registrar under this Rule. 12. (1) At any time after notice of appeal has been served, an appellant or the convening authority, or the solicitor or other person representing either of them, may obtain from the Registrar copies of any documents or exhibits in his possession for the purpose of such appeal. Such copies shall be supplied by the Registrar at the proper charge.

(2) A copy of the proceedings of the trial court-martial shall be supplied by the Registrar free of charge:

( a ) to an appellant who has been granted a legal aid (Courts-Martial Appeal Court) certificate, and

( b ) to any other appellant by order of the Court.

(3) Where an appellant who is not legally represented, or who has been granted a legal aid (Courts-Martial Appeal Court) certificate, requires from the Registrar a copy of any document or exhibit in his custody for the purposes of his appeal, he may obtain it free of charge if the Registrar considers it proper to supply the same.

VIII. REPORT TO THE COURT. 13. (1) The Registrar, whenever in relation to any appeal the Court directs him so to do, shall request the president (or, in the circumstances mentioned in section 17 (2) of the Courts Martial Appeals Act, 1983 , any other member) or the judge-advocate of the trial court-martial to furnish him with a report in writing upon the case generally or upon any point arising thereon, and the person so requested shall furnish the same in accordance with such request.

(2) The said report shall be made to the Court, and, except by leave of the Court, the Registrar shall not furnish any part thereof to any person.

IX. SUSPENSION OF THE OPERATION OF A CUSTODIAL SENTENCE. 14. (1) An appellant who is a member of the Defence Forces and who desires to have the operation of a sentence of penal servitude, imprisonment or detention suspended, pending the determination of his appeal, shall (unless the Court shall dispense therewith) serve upon the Registrar notice in the Form No. 4 of his application for such suspension. The Registrar shall forthwith give notice thereof to the convening authority and the Chief State Solicitor and as soon as a date shall be fixed by the Court for the hearing of such application shall notify the appellant, the convening authority and the Chief State Solicitor.

(2) The Court may suspend the operation of a custodial sentence subject to such terms and conditions as...