Defence Act 1954

Punishment of certain offences by reservists.

242

242. (1) Where a reservist—

( a) when required by Reserve Defence Force regulations to attend at a particular time and place, fails, without reasonable excuse, to attend at such time and place, or

( b) uses threatening or insulting language or behaves in an insubordinate manner to any officer or non- commissioned officer who, in pursuance of Reserve Defence Force regulations, is acting in the execution of his office and would, if such reservist were subject to military law, be his superior officer, or

( c) in reply to any notice served on him under this Act or Reserve Defence Force regulations sends any communication of an insubordinate kind, or

( d) by any fraudulent means obtains or is accessory to obtaining any pay or other sum contrary to regulations made under section 97, or

( e) fails without reasonable cause to comply with Reserve Defence Force regulations,

such reservist shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F338 [ 2,000 ].

(2) Where a reservist commits an offence under this section he may be taken into service custody.

(3) Where a reservist commits in the presence of any officer an offence under this section, such officer may, if he thinks fit, order such reservist, in lieu of being taken into service custody, to be taken into custody by any member of the Garda Síochána.

(4) Where a reservist is required in pursuance of Reserve Defence Force regulations to attend at any place, a certificate purporting to be signed by an officer or person who is mentioned in such certificate as appointed to be present at such place for the purpose of inspecting reservists or for any other purpose connected with the Reserve Defence Force and stating that such reservist failed to attend in accordance with the said requirement, shall, without proof of the signature or appointment of such officer or person, be evidence in any proceedings under this section of such failure.

(5) In this section, the expression “ Reserve Defence Force regulations” means regulations made under section 92 or 94.

Annotations:

Amendments:

F338

Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 4(2) and sch. 2, S.I. No. 254 of 2008.

Editorial Notes:

E101

Previous affecting provision: fine in subs. (1) increased (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 2, item 10, commenced on enactment; further increased as per F-note above.