Defence Act 1954

Chapter VI.

Punishments awardable by Courts-martial for Offences against Military Law.

Punishments which may be awarded to officers by courts-martial.

209

209. F277 [ (1) Subject to section 192, punishments may be awarded in respect of offences against military law committed by persons subject to military law as officers and convicted by court-martial according to the following scale:

SCALE.

A. Imprisonment for life or any specified period.

B. Dismissal with disgrace from the Defence Forces.

C. Dismissal from the Defence Forces.

D. Where the person convicted is an officer, reduction to any lower commissioned rank.

E. Forfeiture of all seniority of rank or of a specified term of seniority.

F. Reduction to any lower point on the scale of pay for the rank held.

G. ( a ) In the case of a person subject to military law as an officer under section 118(1)( a ), ( b ) or ( c ), a fine not exceeding fourteen days pay of the person at the most recent rate payable.

( b ) In the case of a person subject to military law as an officer under section 118(1)( d ) or ( e ), a fine not exceeding the maximum fine awardable for the time being by a court-martial to an officer holding the rank of second lieutenant who is in receipt of the maximum pay applicable to that rank.

( c ) In the case of a person who is not a member of the Defence Forces but who was an officer when the offence was committed, a fine not exceeding an amount equal to fourteen days pay at the most recent rate applicable to his former rank.

H. Severe reprimand.

I. Reprimand. ]

(2) For the purposes of this Act in its application to a person subject to military law as an officer, any punishment mentioned in the Scale to subsection (1) of this section shall be deemed to be a punishment less than any punishment mentioned before it in the said Scale.

(3) Where—

( a) a person subject to military law as an officer is convicted by court-martial of an offence against military law mentioned in any section contained in Chapter II of this Part, and

( b) such section provides that on such conviction he shall be liable to suffer a specified punishment or any less punishment awardable by a court-martial.

the expression “ any less punishment awardable by a court-martial” means in such section any punishment mentioned in the Scale to subsection (1) of this section which is less than the specified punishment.

(4) Save as is otherwise expressly provided in this Act, a person convicted by court-martial of having committed an offence against military law while subject to military law as an officer shall be sentenced to one punishment only.

F278 [ (5) ( a ) Where an officer is sentenced to a term of imprisonment of more than six months, the military judge shall, in addition, sentence him to dismissal with disgrace from the Defence Forces or dismissal from the Defence Forces.

( b ) Where an officer is sentenced to a term of imprisonment of six months or less (other than under section 208(2)), the military judge may, in addition, sentence him to dismissal with disgrace from the Defence Forces or dismissal from the Defence Forces or reduction to any lower commissioned rank. ]

(6) An officer sentenced by a court-martial to a fine may be also sentenced to severe reprimand or reprimand.

F279 [ (6A) An officer sentenced by a court-martial to reduction in rank may, in addition, be sentenced to

( a ) reduction to any lower point on the scale of pay for that rank and forfeiture of a specified term of seniority or all seniority in respect of the rank to which the officer is sentenced to be reduced, or

( b ) to a fine or severe reprimand or reprimand,

or both. ]

F280 [ (7) An officer sentenced by a court-martial to forfeiture of seniority of rank may, in addition, be sentenced to reduction to any lower point on the scale of pay for the rank held, or to a fine or severe reprimand or reprimand. ]

F281 [ (7A) An officer sentenced by a court-martial to reduction to a lower point on the scale of pay for the rank held may, in addition, be sentenced to a fine or severe reprimand or reprimand. ]

F282 [ (8) An officer dismissed with F283 [ disgrace ] from the Defence Forces shall

( a ) be disqualified for ever serving the State again in any military capacity, and

( b ) during the period of seven years beginning on the date of his dismissal, subject to subsection (9) of this section, be disqualified for serving the State in any civil capacity. ]

F284 [ (9) Where a person by reason of this section is for the time being disqualified for serving the State in any civil capacity, the Government may, in their absolute discretion, remove the disqualification. ]

Annotations:

Amendments:

F277

Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 57(a), S.I. No. 254 of 2008.

F278

Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 57(b), S.I. No. 254 of 2008.

F279

Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 57(c), S.I. No. 254 of 2008.

F280

Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 57(d), S.I. No. 254 of 2008.

F281

Inserted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 57(e), S.I. No. 254 of 2008.

F282

Substituted (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 4(1)(d), commenced on enactment, subject to transitional provision in s. 16.

F283

Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 57(f), S.I. No. 254 of 2008.

F284

Inserted (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 4(1)(d), commenced on enactment, subject to transitional provision in s. 16.

Editorial Notes:

E66

Previous affecting provision: subss. (1) and (5) amended (22.07.1997) by Criminal Law Act 1997 (14/1997), s. 14 and sch. 2, paras. 9 and 10, commenced as per s. 1; substituted as per F-note above.

E67

Previous affecting provision: subs. (1) amended (11.07.1990) by Criminal Justice Act 1990 (16/1990), s. 7 and sch. 1, para. 4(j), commenced on enactment; substituted as per F-note above.

E68

Previous affecting provision: subs. (1) amended (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 4(1)(a) - (d) subject to transitional provision in s. 16, commenced on enactment; substituted as per F-note above.