Defence Act 1954

Summoning of civilian witnesses before authorised officers and commanding officers.

183

183. (1) Every person not subject to military law required to give evidence before an authorised officer or a commanding officer investigating a charge under this Chapter may be summoned or ordered in the prescribed manner to attend as a witness before the authorised officer or the commanding officer.

(2) If any person not subject to military law on being duly summoned or ordered to attend as a witness before an authorised officer or a commanding officer and after payment or tender of the reasonable expenses of his attendance makes default in attending, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F172 [ 2,000 ].

Annotations:

Amendments:

F172

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

Modifications (not altering text):

C49

Application of section extended (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 8(2), commenced on enactment.

Production of documents in evidence.

8.— ...

(2) A person summoned or ordered under section 183 (1) of the Principal Act to attend as a witness before an authorised officer or a commanding officer investigating a charge under Chapter IV of Part V of that Act may by letter signed by such authorised officer or commanding officer, as may be appropriate, be required to produce to such officer any document, record or other thing in the person’s power or control being a document. record or other thing which is either specified in the letter or is of a class or description so specified and being in either case a document, record or other thing which such officer considers necessary for the purposes of the investigation.

...

Editorial Notes:

E37

Power pursuant to section exercised (1.01.1955) by Defence Forces (Summoning of Civilian Witnesses) Regulations 1954 (S.I. No. 297 of 1954).

E38

Previous affecting provision: fine in subs. (2) increased (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 2, item 7, commenced on enactment, subject to transitional provision in s. 16; further increased as per F-note above.