Defence Act 1954

F63 [ Modification of Part V in its application to civilians subject to military law.

121

121. In the application of this Part to persons who do not belong to the Defence Forces, the following modifications shall be made:

( a ) where an offence against military law has been committed by any person subject to military law who does not belong to the Defence Forces and the person is remanded for trial by court-martial under this Act, that person may be tried by such class of court-martial as the Director directs and, on conviction, dealt with and punished accordingly;

( b ) any person subject to military law who does not belong to the Defence Forces shall, for the purpose of this Part, be deemed to be under the command of the prescribed officer, and that person, subject to the right to elect to be tried by court-martial pursuant to section 177B or 178B, as appropriate, may, with the prior consent of the Director, be dealt with summarily and punished under Chapter IV of this Part, according to whether the person is subject to military law as an officer or as a man. ]

Annotations:

Amendments:

F63

Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 13, S.I. No. 254 of 2008.

Modifications (not altering text):

C44

Officer prescribed for the purposes of the section(1.09.2008) by Rules of Procedure (Defence Forces) 2008 (S.I. No. 204 of 2008), rl. 71, in effect as per rl. 1(2).

Prescribed officer

71. Each of the officers specified in column 2 of the table to this rule is hereby declared to be a prescribed officer for the purpose of the section or subsection, as the case may be, of the Act specified in column 1 of that table opposite the mention of each such officer.

Column 1

Column 2

Section 121(b)

The officer in immediate command of that portion of the Defence Forces which the person is accompanying or to which he or she is attached.

...