Defence Act 1954

Chapter IVB

Director of Military Prosecutions

184C

F177 [ Appointment of Director of Military Prosecutions.

184C. (1) Subject to this Chapter, the Government shall appoint an officer of the Permanent Defence Force F178 [ ,or a qualified person other than an officer of the Permanent Defence Force, ] to be the Director of Military Prosecutions (in this Act referred to as the Director ).

(2) Subject to this Chapter, an officer F179 [ , or a person other than an officer of the Permanent Defence Force, ] who is a practising barrister or practising solicitor of not less than 10 years standing shall be qualified for appointment as the Director.

(3) For the purposes of this section service for any period in a position in the full-time service of the State (including as a member of the Permanent Defence Force and as a civil servant within the meaning of the Civil Service Regulation Act 1956 ) for which qualification as a barrister or solicitor was a requirement shall be deemed to be practice as a barrister or a solicitor, as the case may be, for that period and an officer, while holding that position, shall be deemed to be a practising barrister or a practising solicitor, as the case may be.

F180 [ (3A) For the purposes of this section

( a ) service, in respect of which a determination has been made in accordance with section 184D(3A), shall be deemed to be practice as a barrister or a solicitor, as the case may be, for the period to which that service relates, and

( b ) the officer in respect of whom that service relates shall be deemed to be a practising barrister or a practising solicitor, as the case may be, while holding the position to which that service relates. ]

F181 [ (3B) For the purposes of this section, having regard to the appointment of a person other than an officer of the Permanent Defence Force

( a ) service for any period in a position in the full-time service of the State (including as a member of the Permanent Defence Force and as a civil servant within the meaning of the Civil Service Regulation Act 1956 ) for which qualification as a barrister or solicitor was a requirement shall be deemed to be practice as a barrister or a solicitor, as the case may be, for that period, and

( b ) a person, other than an officer of the Permanent Defence Force, while holding that position, shall be deemed to be a practising barrister or a practising solicitor, as the case may be. ]

(4) The Director shall not be below the army rank of colonel or the equivalent naval rank. ]

F182 [ (5) Where a qualified person, referred to in subsection (1), is to be appointed under subsection (1) to be the Director that person shall, for the purposes of subsection (4), be nominated for appointment as a commissioned officer under section 42 at the rank specified in subsection (4). ]

Annotations:

Amendments:

F177

Inserted (21.04.2007) by Defence (Amendment) Act 2007 (24/2007), s. 33, commenced as per s. 1(3).

F178

Inserted (9.11.2011) by Defence (Amendment) Act 2011 (17/2011), s. 3(1), S.I. No. 568 of 2011.

F179

Inserted (9.11.2011) by Defence (Amendment) Act 2011 (17/2011), s. 3(2), S.I. No. 568 of 2011.

F180

Inserted (9.11.2011) by Defence (Amendment) Act 2011 (17/2011), s. 3(3), S.I. No. 568 of 2011.

F181

Inserted (9.11.2011) by Defence (Amendment) Act 2011 (17/2011), s. 3(4), S.I. No. 568 of 2011.

F182

Inserted (9.11.2011) by Defence (Amendment) Act 2011 (17/2011), s. 3(5), S.I. No. 568 of 2011.