Courts-Martial Appeals Act 1983


Number 19 of 1983


COURTS-MARTIAL APPEALS ACT 1983

REVISED

Updated to 7 April 2017


This Revised Act is an administrative consolidation of the Courts-Martial Appeals Act 1983. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Knowledge Development Box (Certification of Inventions) Act 2017 (6/2017), enacted 12 April 2017, and all statutory instruments up to and including European Union Habitats (Blackwater Bank Special Area of Conservation 002953) Regulations 2017 (S.I. No. 149 of 2017), made 7 April 2017, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 19 of 1983


COURTS-MARTIAL APPEALS ACT 1983

REVISED

Updated to 7 April 2017


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other legislation. However, it deals with the same subject matter as the legislation below.

Defence Acts 1954 to 2015 : this is a group of Acts included in this collective citation, to be construed together as one ( Defence (Amendment) Act 2015, s. 4(2)). The Acts in the collectively cited group are:

Defence Act 1954 (18/1954)

Defence (Amendment) (No. 2) Act 1960 (44/1960)

Defence (Amendment) Act 1979 (1/1979)

Defence (Amendment) (No. 2) Act 1979 (28/1979)

Defence (Amendment) Act 1987 (8/1987)

Defence (Amendment) Act 1990 (6/1990)

Defence (Amendment) Act 1998 (31/1998)

Defence (Amendment) Act 2006 (20/2006)

Defence (Amendment) Act 2007 (24/2007)

Defence (Amendment) Act 2011 (17/2011)

Defence (Amendment) Act 2015 (24/2015)

Acts previously included in the group but now repealed are:

Defence (Amendment) Act 1960 (22/1960)

Defence (Amendment) Act 1993 (18/1993)

Defence Acts 1954 to 1997 : this is a group of Acts included in this collective citation, to be construed together as one ( Criminal Law Act 1997, s. 14 and sch. 2). The Acts in the collectively cited group are:

Defence Act 1954 (18/1954)

Defence (Amendment) (No. 2) Act 1960 (44/1960)

Defence (Amendment) Act 1979 (1/1979)

Defence (Amendment) (No. 2) Act 1979 (28/1979)

Defence (Amendment) Act 1987 (8/1987)

Defence (Amendment) Act 1990 (6/1990)

Criminal Law Act 1997 (14/1997)

Acts previously included in the group but now repealed are:

Defence (Amendment) Act 1960 (22/1960)

Defence (Amendment) Act 1993 (18/1993)

The following legislation deals with related subject matter:

Civil Defence Act 2002 (16/2002) (not amended)

Ombudsman (Defence Forces) Act 2004 (36/2004)

Defence (Miscellaneous Provisions) Act 2009 (35/2009)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available. A list of legislative changes to any Act, and to statutory instruments from 1996, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Court of Appeal Act 2014 (18/2014)

Defence (Amendment) Act 2011 (17/2011)

Defence (Amendment) Act 2007 (24/2007)

Criminal Law Act 1997 (14/1997)

Courts and Court Officers Act 1995 (31/1995)

Criminal Procedure Act 1993 (40/1993)

Criminal Justice Act 1990 (16/1990)

Defence Act 1954 (18/1954)

All Acts up to and including Knowledge Development Box (Certification of Inventions) Act 2017 (6/2017), enacted 12 April 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Rules of the Superior Courts (Courts-Martial Appeal Court) 2011 (S.I. No. 693 of 2011)

Courts-Martial (Legal Aid) (Amendment) Regulations 2011 (S.I. No. 579 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Courts-Martial (Legal Aid) (Amendment) Regulations 2010 (S.I. No. 327 of 2010)

Rules of the Superior Courts (Courts-martial Appeal Court) 2009 (S.I. No. 270 of 2009)

Courts-martial (Legal Aid) (Amendment) Regulations 2009 (S.I. No. 153 of 2009)

Courts-Martial (Legal Aid) Regulations 2008 (S.I. No. 206 of 2008)

Rules of Procedure (Defence forces) 2008 (S.I. No. 204 of 2008)

Rules of the Superior Courts (No. 2) (Courts- Martial Appeal Court Rules (Amendment)) 2000 (S.I. No. 105 of 2000)

Courts-Martial (Legal Aid) Regulations 1993 (S.I. No. 309 of 1993)

Courts-Martial (Legal Aid) Regulations 1991 (S.I. No. 210 of 1991)

Courts-Martial (Legal Aid) Regulations 1990 (S.I. No. 68 of 1990)

Courts-Martial (Legal Aid) Regulations 1989 (S.I. No. 25 of 1989)

Courts-Martial (Legal Aid) Regulations 1988 (S.I. No. 125 of 1988)

Courts-Martial (Legal Aid) Regulations 1987 (S.I. No. 46 of 1987)

Courts-Martial Appeals Act, 1983 (Commencement of Part III) Order 1986 (S.I. No. 426 of 1986)

Courts-Martial (Legal Aid) Regulations 1986 (S.I. No. 425 of 1986)

The Courts-Martial Appeal Court Rules (S.I. No. 206 of 1983)

Courts-Martial Appeals Act, 1983 (Application of Part II) Order 1983 (S.I. No. 201 of 1983)

All statutory instruments up to and including European Union Habitats (Blackwater Bank Special Area of Conservation 002953) Regulations 2017 (S.I. No. 149 of 2017), made 7 April 2017, were considered in the preparation of this revision.


Number 19 of 1983


COURTS-MARTIAL APPEALS ACT 1983

REVISED

Updated to 7 April 2017


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title.

2.

Commencement of Part III .

3.

Definitions.

3A.

Performance of functions of military judge by Circuit Judge

4.

Expenses.

5.

Amendment of section 202 of Act of 1954.

6.

Amendment of section 203 of Act of 1954.

7.

Amendment of section 215 of Act of 1954.

8.

Restriction of section 224 of Act of 1954.

PART II

Courts-Martial Appeal Court

9.

Establishment and constitution of the Courts-Martial Appeal Court.

10.

Court to be a superior court of record, etc.

11.

Registrar of the Court.

12.

Sittings and procedure of the Court.

13.

Right of appeal to the Court.

14.

Appeal to the Supreme Court.

15.

Interlocutory applications.

16.

Consequential orders of the Court.

17.

Hearing of appeal by the Court.

18.

Jurisdiction of the Court.

19.

Finding of guilty but insane.

19A.

Appeals (mental disorder at time of trial).

19B.

Appeals (mental disorder at time of commission of offence).

19C.

Appeals (supplementary provisions).

20.

Convictions and sentences of the Court, etc.

21.

Postponement of execution of sentence of death.

22.

Defence of appeal.

22A.

Case stated for the court on question of law.

22B.

Review of certain sentences.

23.

Rules of court.

24.

Application of Part II .

PART III

Legal Aid

25.

Definitions for Part III .

26.

Legal aid (preliminary proceedings) certificate.

27.

Legal aid (court-martial) certificate.

27A.

Legal aid (case stated) certificate.

28.

Legal aid (Courts-Martial Appeal Court) certificate.

29.

Legal aid (Supreme Court) certificate.

30.

Payment of expenses of legal aid.

31.

Restriction of section 18 .

32.

Statement as to means.

33.

Regulations.

34.

Penalty for false or misleading statements.


Acts Referred to

Defence Act, 1954

1954, No. 18

Defence Acts, 1954 to 1979


Number 19 of 1983


COURTS-MARTIAL APPEALS ACT 1983

REVISED

Updated to 7 April 2017


AN ACT TO ESTABLISH A COURTS-MARTIAL APPEAL COURT, TO MAKE PROVISION FOR THE GRANT BY THE STATE OF FREE LEGAL AID IN CERTAIN COURTS-MARTIAL CASES AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH. [29 th June, 1983]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Revocation of order under subs. (9) or (15) deemed to be sentence of court martial by Defence Act 1954 (18/1954), s. 212A(16) as inserted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 61, S.I. No. 254 of 2008.

Power to suspend sentence.

212A.— ...

(16) The revocation of an order under subsection (9) or (15) of this section shall for the purposes of this Act and the Courts-Martial Appeals Act 1983 be deemed to be a sentence of a court-martial.

C2

Order deemed to be sentence of court martial by Defence Act 1954 (18/1954), s. 213(10) as substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 63, S.I. No. 254 of 2008.

Order for payment of compensation.

213.— ...

(10) An order under this section shall, for the purposes of this Act and the Courts-Martial Appeals Act 1983, be deemed to be a sentence of a court-martial.

Editorial Notes:

E1

Proceedings prior to 20.07.2009 not affected (20.07.2009) by Rules of the Superior Courts (Courts-Martial Appeal Court) 2009 (S.I. No. 270 of 2009), rule 2.

E2

Legal aid restricted under certain conditions (2.07.2008) by Courts-Martial (Legal Aid) Regulations 2008 (S.I. No. 206 of 2008), reg. 18.

E3

Witness expenses prescribed (2.07.2008) by Courts-Martial (Legal Aid) Regulations 2008 (S.I. No. 206 of 2008), reg. 17, as amended (30.06.2010) by Courts-martial (Legal Aid) (Amendment) Regulations 2010 (S.I. No. 327 of 2010).

E4

Fees and expenses prescribed (2.07.2008) by Courts-Martial (Legal Aid) Regulations 2008 (S.I. No. 206 of 2008), regs. 11-16, schs. 3 and 4, as amended (30.06.2010) by Courts-Martial (Legal Aid) (Amendment) Regulations 2010 (S.I. No. 327 of 2010).