Defence Act 1954

169

F144 [ Offences punishable by ordinary law.

169. (1) Subject to the provisions of this Act, every person who, while he is subject to military law, commits any of the offences referred to in this section shall be deemed to be guilty of an offence against military law and, if charged under this section with any such offence (in this Act referred to as a civil offence) shall be liable to be tried by court-martial.

(2) Where a person charged under this section is convicted by a court-martial of treason or murder, he shall be sentenced to imprisonment for life.

F145 [ (3) Where a person charged under this section is convicted by a court-martial of an offence other than treason or murder, he shall be liable to be punished as follows:

( a ) if he is convicted of manslaughter, be liable to imprisonment for life or any lesser punishment awardable by a court-martial;

( b ) if he is convicted of rape, rape under section 4 (within the meaning of the Criminal Law (Rape) (Amendment) Act 1990 ) or aggravated sexual assault (within the meaning of the Criminal Law (Rape) (Amendment) Act 1990 ), be liable to imprisonment for life or any lesser punishment awardable by a court-martial;

F146 [ ( c ) if convicted of an offence under section 3 of the Geneva Conventions Act 1962 or an offence under section 7 (genocide, crimes against humanity and war crimes) or 8 (ancillary offences) of the International Criminal Court Act 2006, be liable

(i) to imprisonment for life

(I) if the offence involves murder or, in the case of an offence committed outside the State, the killing of a person in such circumstances as would constitute murder if the offence were committed within the State, or

(II) if a term of life imprisonment would be justified by the extreme gravity of the offence and the individual circumstances of the convicted person,

or

(ii) in any other case, to imprisonment for a term not exceeding thirty years; ]

( d ) if he is convicted of an offence under the Criminal Justice (United Nations Convention against Torture) Act 2000 be liable to imprisonment for life;

( e ) if he is convicted of an offence under the Criminal Justice (Safety of United Nations Workers) Act 2000 be liable either to suffer any punishment assigned for such offence by that Act or any lesser punishment awardable by a court-martial;

( f ) if he is convicted of an offence under the Criminal Justice (Terrorist Offences) Act 2005, be liable to suffer any punishment assigned for such offence by that Act;

( g ) if he is convicted of any offence not before in this section particularly specified which when committed in the State is punishable by the ordinary criminal law of the State, be liable, whether the offence is committed in the State or elsewhere, either to suffer any punishment assigned for such offence by law of the State or to suffer

(i) if he is subject to military law as an officer, dismissal with F147 [ disgrace ] from the Defence Forces or any lesser punishment awardable by a court-martial, or

(ii) if he is subject to military law as a man, imprisonment for any term not exceeding two years or any lesser punishment awardable by a court-martial. ] ]

Annotations:

Amendments:

F144

Substituted (11.07.1990) by Criminal Justice Act 1990 (16/1990), s. 7 and sch. 1, para. 4(f), commenced on enactment.

F145

Substituted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 56(a), commenced on enactment.

F146

Substituted (31.10.2006) by International Criminal Court Act 2006 (30/2006), s. 66 and sch. 3, para. 1(a), commenced on enactment.

F147

Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 4(2) and sch. 2, S.I. No. 254 of 2008.

Editorial Notes:

E27

Previous affecting provision: para. (ddd) inserted in subs. (3) (28.06.2000) by Criminal Justice (Safety of United Nations Workers) Act 2000 (16/2000), s. 6(a), commenced on enactment; subs. (3) substituted as per F-note above.

E28

Previous affecting provision: para. (dd) inserted in subs. (3) (14.06.2000) by Criminal Justice (United Nations Convention Against Torture) Act 2000 (11/2000), s. 6(a), commenced on enactment; subs. (3) substituted as per F-note above.

E29

Previous affecting provision: subs. (3)(a) and (b) amended (22.07.1997) by Criminal Law Act 1997 (14/1997), s. 14 and sch. 2, para. 6, commenced as per s. 1; subs. (3) substituted as per F-note above.

E30

Previous affecting provision: subs. (3)(b) amended (18.01.1991) by Criminal (Rape) (Amendment) Act 1990 (32/1990), s. 19, commenced as per s. 22(3); subs. (3) substituted as per F-note above.

E31

Previous affecting provision: para. (bb) inserted (18.12.1973) by Genocide Act 1973 (28/1973), s. 4, commenced on enactment; section substituted as per F-note above.

E32

Previous affecting provision: para. (b) substituted (25.03.1964) by Criminal Justice Act 1964 (5/1964), s. 9, commenced on enactment; substituted as per F-note above.