Defence Act 1954

184F

F234[Appointment of court-martial prosecutor.

184F.(1) The Director may appoint in writing any of the following persons to be a prosecutor in a court-martial (in this Act referred to as a "court martial prosecutor"):

(a) a member of the Defence Forces who at the date of appointment under this subsection is a practising solicitor or practising barrister;

(b) a practising solicitor nominated by the Attorney General;

(c) a practising barrister nominated by the Attorney General.

(2) A court-martial prosecutor shall hold and vacate office in accordance with such terms and conditions as may be determined by the Director.

(3) A court-martial prosecutor may, unless the Director otherwise directs, exercise any function of the Director.

(4) In this section—

"practising barrister" has the same meaning as it has in the Legal Services Regulation Act 2015;

"practising solicitor" has the same meaning as it has in the Legal Services Regulation Act 2015.]

Annotations

Amendments:

F234

Substituted (6.11.2024) by Defence (Amendment) Act 2024 (25/2024), s. 16(1), S.I. No. 609 of 2024, subject to transitional provisions in subs. (2).

Editorial Notes:

E45

Previous affecting provision: section inserted (21.04.2007) by Defence (Amendment) Act 2007 (24/2007), s. 33, commenced as per s. 1(3); substituted (6.11.2024) as per F-note above.