Defence Act 1954

211A

F296 [ Restriction on sentence of imprisonment or detention on person who is not represented.

211A. (1) Subject to subsection (2) of this section, a person convicted by a court-martial of an offence against military law shall not be sentenced to imprisonment or dismissal or discharge with disgrace from the Defence Forces or dismissal or discharge from the Defence Forces where the person has not been represented by counsel (within the meaning of section 196) at some time after he is found guilty and before he is sentenced.

(2) Subsection (1) of this section shall not apply where the person

( a ) pursuant to rules of procedure, having been informed of his right to be represented by counsel and having had the opportunity to arrange such representation, refused or failed to do so, or

( b ) has previously been sentenced to imprisonment for an offence under this Act or by a civil court in the State.

(3) For the purposes of subsection (2)( b ) of this section

( a ) a previous sentence of imprisonment which has been suspended and has not taken effect is to be disregarded,

( b ) sentenced to imprisonment does not include a committal for contempt of court under section 208. ]

Annotations:

Amendments:

F296

Inserted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 60, S.I. No. 254 of 2008.

Editorial Notes:

E71

Procedure for the purposes of section prescribed (1.09.2008) by Court-Martial Rules 2008 (S.I. No. 205 of 2008), rl. 58(2), in effect as per rl. 1(2).