Criminal Law (Rape) Act 1981

Trials by court-martial.

9

9. (1) This Act applies to the trial of a F18 [ sexual assault offence ] by court-martial with the necessary modifications.

(2) In particular—

( a) for the references to a judge in section 7 ( 2) or section 8 ( 3) and for the references to a justice of the District Court in section 8 ( 2) there shall be substituted references to the convening authority, and

F19 [ ( aa ) in section 8 (8) for the reference to the Director of Public Prosecutions there shall be substituted a reference to the convening authority and for the references to a judge of the High Court there shall be substituted references to a superior authority; and, for the purposes of this paragraph, each of the following shall be a superior authority:

(i) the Minister for Defence,

(ii) the Adjutant-General of the Defence Forces,

(iii) any general officer or flag officer (within the meaning, in each case, of the Defence Act, 1954 ) appointed by the Minister for Defence for the purpose, and ]

( b) for references in section 3 and for other references in section 7 or 8 to a judge there shall be substituted references to the court-martial.

Annotations:

Amendments:

F18

Substituted (18.01.1991) by Criminal Law (Rape) (Amendment) Act 1990 (32/1990), s. 17(1), commenced as per s. 22(3).

F19

Inserted (18.01.1991) by Criminal Law (Rape) (Amendment) Act 1990 (32/1990), s. 15, commenced as per s. 22(3).