Defence (Amendment) Act 1987

Alteration of punishments awardable, and disqualifications incurred, under sections 209 and 210 of Principal Act.

4

4. (1) Section 209 of the Principal Act is hereby amended by—

( a) the insertion of the following after item E in the Scale to subsection (1):

“EI. Where the person convicted is an officer, reduction to,—

( a) if he holds a commissioned army rank, any lower commissioned army rank,

or

( b) if he holds a commissioned naval rank, any lower commissioned naval rank.”,

( b) the substitution of the following for item G in the said Scale:

“G. A fine not exceeding—

( a) in case the person convicted is an officer, an amount equal to ten days’ pay of that officer, or

( b) in case the person convicted is not an officer but was an officer when the offence was committed, an amount equal to ten days’ pay of that person as an officer, or

( c) in any other case, an amount equal to 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) the insertion after subsection (6) of the following subsection:

“(6A) An officer sentenced by a court-martial to reduction in rank may be also sentenced to a fine or severe reprimand or reprimand.”,

and

( d) the substitution of the following subsections for subsection (8):

“(8) An officer dismissed with ignominy 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.

(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.”.

(2) Section 210 of the Principal Act is hereby amended by—

( a) the substitution of the following for items D, E and F in the Scale to subsection (1):

“D. Discharge with ignominy from the Defence Forces.

E. Discharge from the Defence Forces.

F. Detention for any term not exceeding two years.”,

( b) the substitution of the following for item H in the said Scale:

“H. A fine not exceeding—

( a) in case the person convicted is a non-commissioned officer, an amount equal to nine days’ pay of that non-commissioned officer, or

( b) in case the person convicted is a private or a seaman, an amount equal to six days’ pay of that private or seaman, as may be appropriate, or

( c) in case the person convicted is not a member of the Defence Forces but was a non-commissioned officer when the offence was committed, an amount equal to nine days’ pay of that person as a non-commissioned officer, or

( d) in case the person convicted is not a member of the Defence Forces but was a private or a seaman when the offence was committed, an amount equal to six days’ pay of that person as a private or a seaman, as may be appropriate, or

( e) in any other case, an amount equal to the maximum fine awardable for the time being by a court-martial to a private of the highest grade who is in receipt of the maximum pay applicable to that rank and grade.” ,

and

( c) the substitution of the following subsections for subsection (11):

“(11) A man discharged with ignominy 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.

(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.”.