Defence Act 1954

F197 [ Chapter IVC

Military Judge

184J

Military judge.

184J. (1) The President may appoint, on the advice of the Government, one, or more than one, qualified officer of the Permanent Defence Force, F198 [ or a qualified person other than an officer of the Permanent Defence Force, ] to be a military judge.

(2) An officer, F199 [ or a person other than an officer of the Permanent Defence Force, ] who is a practising barrister or a practising solicitor of not less than 10 years standing shall be qualified for appointment as a military judge.

(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 practise 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.

F200 [ (3A) For the purposes of this section

( a ) service, in respect of which a determination has been made in accordance with section 184K(2A), 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. ]

F201 [ (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 military judge, or where there is more than one military judge, the Chief Military Judge, shall not be below the army rank of colonel or the equivalent naval rank. ]

F202 [ (5) Where a qualified person, referred to in subsection (1), is to be appointed under subsection (1) to be a military judge 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:

F198

Inserted (9.11.2011) by Defence Amendment Act 2011(17/2011), s. 5(1), S.I. No. 568 of 2011.

F199

Inserted (9.11.2011) by Defence (Amendment) Act 2011(17/2011, s. 5(2), S.I. No. 568 of 2011.

F200

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

F201

Inserted (9.11.2011) by Defence (Amendment) Act 2011 (17/2011), s. 5(4), S.I. No. 568 of 2011.

F197

Inserted (21.04.2007) by Defence (Amendment) Act 2007 (24/2007), s. 34, commenced as per s. 1(3).

F202

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