Defence Act 1954

F174 [ Regulations in relation to investigation and summary disposal of charges.

184

184. (1) For the purposes of this Chapter, the Minister may make regulations, not inconsistent with this Act, in relation to all or any of the following matters:

( a ) the investigation and summary disposal under this Chapter of charges against persons subject to military law, including the exercise of the right to elect for trial by court-martial, which regulations may include:

(i) the practice and procedure to be followed;

(ii) the form of notices and the giving of such notices under this Chapter;

(iii) the summoning of witnesses and the production of relevant documents and other things;

(iv) evidence;

(v) the administration of oaths or solemn declarations to witnesses in a case where the person charged is subject to military law and demands that the witnesses be sworn;

( b ) where a person is remanded for trial by court-martial pursuant to this Chapter, the appointment of an officer to take a written summary of evidence in the case;

( c ) the officers in whom are to be vested the powers and duties of authorised officers and commanding officers and the officers in whom may be vested by delegation the powers and duties of subordinate officers;

( d ) the delegation to a subordinate officer of power to deal summarily with a case;

( e ) the making of an application to the Director to deal summarily with a charge against a person for an offence specified in Part II of the Eleventh Schedule to this Act;

( f ) the referral of charges for summary investigation to an authorised officer under section 177(2);

( g ) the reference back by the Director of charges for summary disposal;

( h ) the making and retention of records of proceedings and determinations made in respect of the investigation and summary disposal of charges;

( i ) the effective dates of, and the carrying into effect of, punishments awarded and compensation orders made under section 177C, 178C or 179C, as the case may be;

( j ) the stoppage of local leave or shore leave under section 178C or 179C, including the times at which any such stoppage may be imposed;

( k ) the additional duties which may be awarded by a commanding officer under section 178C or by a subordinate officer under section 179C, including the nature of those duties and the period for which and the times at which those duties may be performed which period shall not in any case exceed three hours per day for seven days;

( l ) the making of an appeal by a private or seaman to a commanding officer under section 179D;

( m ) any person, matter or thing referred to as prescribed or to be prescribed;

( n ) any other matter or thing necessary for carrying this Chapter into effect.

(2) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under the regulation. ]

Annotations:

Amendments:

F174

Substituted (21.04.2007) by Defence (Amendment) Act 2007 (24/2007), s. 31, commenced on enactment as per s. 1(3).

Editorial Notes:

E39

Power pursuant to section exercised (1.09.2008) by Rules of Procedure (Defence Forces) 2008 (S.I. No. 204 of 2008).

E40

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