Defence Act 1954

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

210

210. F285 [ (1) Subject to section 192, punishments may be awarded in respect of offences against military law committed by persons subject to military law as men and convicted by court-martial according to the following scale:

SCALE.

A. Imprisonment for life or any specified period.

B. Discharge with disgrace from the Defence Forces.

C. Discharge from the Defence Forces.

D. Detention

( a ) in the case of a general court-martial or limited court-martial, for any term not exceeding two years,

( b ) in the case of a summary court-martial, for any term not exceeding six months,

with or without forfeiture of all pay or any part thereof.

E. Where the person convicted is a non-commissioned officer, reduction to any lower non-commissioned rank.

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

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

H. ( a ) In the case of a person subject to military law as a man under section 119( a ) or ( b ), a fine of an amount 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 a man under section 119( c ) or ( d ), a fine not exceeding the maximum fine awardable for the time being by a court-martial to a man holding the rank of private of the highest grade 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 a non-commissioned officer, private or seaman 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.

I. Severe reprimand.

J. Reprimand. ]

(2) For the purposes of this Act in its application to a person subject to military law as a man, 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 a man 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 a man shall be sentenced to one punishment only.

(5) F286 [ ]

F287 [ (6) Where a man is sentenced to a term of imprisonment exceeding six months, the military judge shall, in addition, sentence him to discharge with disgrace from the Defence Forces or discharge from the Defence Forces. ]

F288 [ (7) Where a man 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 discharge with disgrace from the Defence Forces or discharge from the Defence Forces. ]

F289 [ (8) A non-commissioned officer sentenced by a court-martial to a punishment mentioned at F or G in the Scale to subsection (1) of this section may, in addition, be sentenced to a fine or severe reprimand or reprimand. ]

F290 [ (8A) A non-commissioned 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 he is sentenced to be reduced, or

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

or both. ]

(9) Where a court-martial sentences a man to detention or severe reprimand or reprimand, the court-martial may also sentence him to a fine.

(10) Where a non-commissioned officer is sentenced by a court-martial to imprisonment F291 [ for any term not exceeding two years ] or detention, the court-martial shall also sentence him to reduction to, in case he holds a non-commissioned army rank, the rank of private or, in any other case, the rank of seaman.

F292 [ (11) A man discharged with F293 [ 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 discharge, subject to subsection (12) of this section, be disqualified for serving the State in any civil capacity. ]

F294 [ (12) 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:

F285

Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 58(a), S.I. No. 254 of 2008.

F286

Deleted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 58(b), S.I. No. 254 of 2008.

F287

Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 58(c), S.I. No. 254 of 2008.

F288

Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 58(d), S.I. No. 254 of 2008.

F289

Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 58(e), S.I. No. 254 of 2008.

F290

Inserted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 58(f), S.I. No. 254 of 2008.

F291

Inserted (11.07.1990) by Criminal Justice Act 1990 (16/1990), s. 7 and sch. 1, para. 4(l), commenced on enactment.

F292

Substituted (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 4(2)(c), commenced on enactment, subject to transitional provision in s. 16.

F293

Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 58(g), S.I. No. 254 of 2008.

F294

Inserted (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 4(2)(c), commenced on enactment, subject to transitional provision in s. 16.

Editorial Notes:

E69

Previous affecting provision: subss. (1) and (6) amended (22.07.1997) by Criminal Law Act 1997 (14/1997), s. 14(1) and sch. 2, paras. 11 and 12, commenced as per s. 1; substituted as per F-notes above.

E70

Previous affecting provision: subss. (1), (6), (7) and (10) amended (11.07.1990) by Criminal Justice Act 1990 (16/1990), s. 7 and sch. 1, para. 4(j)-(l), commenced on enactment; substituted as per F-notes above.