Courts-Martial Appeals Act 1983
Number 19 of 1983
COURTS-MARTIAL APPEALS ACT 1983
REVISED
Updated to 6 July 2022
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 the Defence Forces (Evidence) Act 2022 (16/2022), enacted 6 July 2022, and all statutory instruments up to and including the Córas Iompair Éireann Defined Contribution Scheme for Regular Wages Staff Scheme (Confirmation) Order 2022 (S.I. No. 345 of 2022), made 6 July 2022, 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 6 July 2022
ARRANGEMENT OF SECTIONS
Preliminary and General
Section |
|
Courts-Martial Appeal Court
Establishment and constitution of the Courts-Martial Appeal Court. |
|
Legal Aid
Legal aid (application concerning forensic evidence retention period) certificate. |
|
Acts Referred to |
|
1954, No. 18 |
|
Defence Acts, 1954 to 1979 |
Number 19 of 1983
COURTS-MARTIAL APPEALS ACT 1983
REVISED
Updated to 6 July 2022
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. [29th 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).