PART II.

CHAPTER I.

Discipline.

Offences.

32. —Every person subject to military law who commits any of the following offences, that is to say:—

(1) The offence of unjustifiably surrendering, yielding or abandoning any garrison, guard, place, post or position which it was his duty to defend; or

(2) The offence of endeavouring in any way to persuade, induce or compel any person subject to military law to commit the offence specified in the foregoing clause; or

(3) The offence of treacherously or without due authority holding communication or correspondence with, or giving intelligence to the enemy; or

(4) The offence of misbehaving or inducing others to misbehave before the enemy in such a way as to show cowardice; or

(5) Having been made a prisoner of war the offence of voluntarily serving with or voluntarily aiding the enemy; or

(6) The offence of assisting the enemy with arms, ammunition or supplies; or

(7) The offence of treacherously assisting the enemy in any way not specifically hereinbefore mentioned in this Section; or

(8) The offence of knowingly when on active service doing any act calculated to imperil the success of, or endanger, any portion of the Forces; or

(9) The offence of attempting to commit any of the offences specified in sub-sections (3), (6) and (7) of this Section;

shall on conviction by Court-Martial be liable to suffer death or such less punishment as is in this Act mentioned.

33. —Every person subject to military law who on active service commits any of the following offences, that is to say:—

(1) The offence of being taken prisoner through disobedience of orders, wilful neglect of duty, or want of due precaution; or,

(2) Having been taken prisoner, the offence of failing to rejoin the Forces when able to rejoin the same; or,

(3) The offence of in any way spreading reports, or using words, calculated to cause alarm or despondency among the Forces, or among the civilian population; or

(4) The offence of leaving the ranks without orders from his superior officer in order to secure prisoners, or on the pretence of taking wounded men to the rear;

shall on conviction by Court-Martial be liable to suffer penal servitude, or such less punishment as is in this Act mentioned.

34. —Every person subject to military law who commits any of the following offences, that is to say:—

(1) The offence of looting or plundering, breaking into any house or place in search of loot or plunder, or leaving his superior officer to go in search of loot or plunder; or

(2) The offence of leaving his guard, picket, patrol or post without orders from his superior officer; or

(3) The offence of forcing, striking, or wilfully molesting any soldier acting as sentry; or

(4) The offence of forcing any soldier or party of soldiers detailed for the protection of any person or property; or

(5) Being a soldier while acting as sentry the offence of (a) sleeping or being drunk on his post, or (b) leaving his post before being regularly relieved;

shall, on conviction by Court-Martial, if he commits any such offence on active service, be liable to suffer death or such less punishment as is in this Act mentioned and if he commits any such offence not on active service, be liable to suffer penal servitude or such less punishment as is in this Act mentioned.

35. —Every person subject to military law who commits the following offence, that is to say:—

The offence of making known or disclosing any matter regarding the Forces to any person not entitled to such information, at such time and in such manner as is in the opinion of the Court calculated to produce effects injurious to the Forces,

shall, on conviction by Court-Martial, be liable to suffer penal servitude or such less punishment as is in this Act mentioned.

36. —Every person subject to military law who commits any of the following offences, that is to say:—

(a) The offence of causing, conspiring to cause, attempting to cause, or joining in any mutiny or sedition in any of the Forces; or

(b) Being present, the offence of not using his utmost endeavours to prevent any mutiny or sedition in any of the Forces; or

(c) The offence of persuading, inducing or compelling or endeavouring to persuade, induce, or compel any person subject to military law to join in any mutiny or sedition in any of the Forces; or

(d) Having come to the knowledge of, or having reasonable grounds to suspect any actual or intended mutiny or sedition in the Forces, the offence of failing to inform without delay, a superior officer of the same; or

(e) The offence of seducing or endeavouring to seduce any person subject to military law from allegiance to the State,

shall, on conviction by Court-Martial be liable to suffer death or such less punishment as is in this Act mentioned.

37. —(1) Every person subject to military law who commits the following offence, that is to say:—

The offence of striking or using or offering any violence to a superior officer being in the execution of his office.

shall on conviction by Court-Martial, if he commits any such offence on active service be liable to suffer death or such less punishment as is in this Act mentioned, and if he commits any such offence not on active service be liable to suffer penal servitude or such less punishment as is in this Act mentioned.

(2) Every person subject to military law who commits the following offence, that is to say:—

The offence of striking or using or offering violence to or using threatening or insubordinate language to a superior officer,

shall on conviction by Court-Martial be liable to suffer penal servitude or such less punishment as is in this Act mentioned.

38. —(1) Every person subject to military law who commits the following offence, that is to say:—

The offence of disobeying in such a way as to show an intentional defiance of authority, any lawful command or order given personally by a superior officer, whether the same is given orally or otherwise,

shall, on conviction by Court-Martial be liable to suffer—

if an officer, and if the offence was committed on active service, imprisonment or such less punishment as is in this Act mentioned, or if an officer, and if the offence was committed not on active service, dismissal with ignomy or such less punishment as is in this Act mentioned; or

if a soldier, and if the offence was committed on active service, imprisonment or such less punishment as in this Act mentioned, or if a soldier and if the offence was committed not on active service, detention or such less punishment as is in this Act mentioned.

(2) Every person subject to military law who commits the following offence, that is to say:—

The offence of disobeying any lawful command or order given by a superior officer,

shall, on conviction by a Court-Martial be liable to suffer—

(i.) If an officer, dismissal or such less punishment as is in this Act mentioned; or

(ii.) If a soldier, detention or such less punishment as is in this Act mentioned.

39. —Every person subject to military law who commits any of the following offences, that is to say:—

(1) Being concerned in any quarrel, affray or disorder, the offence of refusing to obey, striking, using or offering violence to (a) any officer who lawfully orders him into arrest, or (b) any person in whose custody he is lawfully placed; or,

(2) The offence of resisting a patrol, escort or police guard whose duty it is to apprehend him, or have him in charge,

shall, on conviction by Court-Martial, be liable to suffer—

(a) If an officer, dismissal or such less punishment as is in this Act mentioned; or

(b) If a soldier, detention, or such less punishment as is in this Act mentioned.

40. —Every soldier subject to military law who commits the following offence, that is to say:—

The offence of breaking quarters, barracks, or camp,

shall, on conviction by Court-Martial be liable to suffer detention or such less punishment as is in this Act mentioned.

41. —Every person subject to military law who commits the following offence, that is to say:—

The offence of neglecting to obey any garrison or general or other orders,

shall, on conviction by Court-Martial be liable to suffer—

(a) If an officer, dismissal or such less punishment as is in this Act mentioned; or

(b) If a soldier, detention or such less punishment as is in this Act mentioned.

The expression “general orders” in this section shall not include Regulations or Orders made by the Minister or any similar order in the nature of a regulation published for general information and guidance of the Forces.

42. —(1) Every person subject to military law who commits any of the following offences, that is to say:—

(a) The offence of deserting or attempting to desert any of the Forces; or

(b) The offence of persuading, endeavouring to persuade, procuring or attempting to procure any person subject to military law to desert from any of the Forces; or

(c) The offence of in any way assisting any person subject to military law to desert from any of the Forces,

shall, on conviction by Court-Martial be liable to suffer—

(i) If the offence is committed on active service, death or such less punishment as is in this Act mentioned, or

(ii) If the offence is committed not on active service, penal servitude, or such less punishment as is in this Act mentioned.

(2). When an offender has fraudulently enlisted once or oftener, he may, for the purpose of trial for the offence of desertion or attempting to desert the Forces, be deemed to belong to any one or more of the Corps to which he has been appointed or transferred as well as the Corps to which he properly belongs.

43. —Every person subject to military law who commits the following offence, that is to say:—

Coming to the knowledge of any desertion or intended desertion of a person subject to military law, the offence of neglecting to give notice to his commanding officer or to take any steps in his power to cause the deserter or intending deserter to be apprehended,

shall, on conviction by Court-Martial, be liable to suffer—

(a) If an officer, dismissal or such less punishment as is in this Act mentioned; or

(b) If a soldier, detention or such less punishment as is in this Act mentioned.

44. —(1) Every person subject to military law who commits the following offence, that is to say:—

When belonging to the Forces, the offence of without having obtained a regular discharge therefrom or otherwise having fulfilled the conditions enabling him to enlist, enlisting himself in the Forces,

shall be deemed to be guilty of fraudulent enlistment, and shall on conviction by Court-Martial be liable to suffer imprisonment as is in this Act mentioned.

(2). When an offender has fraudulently enlisted on several occasions he may for the purpose of this Section be deemed to belong to any one or more of the corps to which he has been appointed or transferred as well as the corps to which he properly belongs.

45. —Every person subject to military law who commits any of the following offences, that is to say:—

(1) The offence of being absent without leave; or

(2) The offence of failing to appear at the place of parade or mobilisation, or post or position appointed by his superior officer, or withdrawing from such place of parade or mobilisation or post or position before he is relieved, or without leave, or otherwise unjustifiably; or

(3) The offence of quitting the ranks without leave or other wise unjustifiably,

shall, on conviction by Court-Martial, be liable to suffer,

(a) If an officer, dismissal or such less punishment as is in this Act mentioned; or

(b) If a soldier, detention or such less punishment as is in this Act mentioned.

46. —Every officer who being subject to military law commits the following offence, that is to say:—

The offence of behaving in a scandalous manner, unbecoming the character of an officer,

shall, on conviction by Court-Martial, be liable to suffer dismissal with ignominy.

47. —Every person subject to military law who commits the following offence, that is to say:—

Being officially, by virtue of his office or otherwise, charged with or concerned in the care, control, possession or distribution of any public or military money or goods, the offence of stealing, fraudulently misapplying or misappropriating the same, or conniving at or being concerned in the stealing, fraudulent misapplication or misappropriation of the same, or wilfully damaging the same,

shall, on conviction by Court-Martial, be liable to suffer penal servitude or such less punishment as in this Act mentioned.

48. —Every person subject to military law who commits any of the following offences, that is to say:—

(1) The offence of malingering or feigning or inducing in himself any disease or infirmity; or

(2) The offence of injuring himself or any other person subject to military law, with the intention of rendering himself or such person unfit for service; or

(3) The offence of causing himself to be injured by any person, with the intention of rendering himself unfit for service; or

(4) The offence of being guilty of any misconduct or of any wilful disobedience, whether in hospital or otherwise, of any orders, by means of which misconduct or disobedience he produces or aggravates disease or infirmity or delays its cure; or

(5) The offence of assisting or conniving at the commission of any offence specified in any of the foregoing clauses; or

(6) The offence of being guilty of any disgraceful conduct of a cruel, indecent or unnatural kind not before specifically in this Act mentioned,

shall, on conviction by Court-Martial, be liable to suffer imprisonment or such less punishment as is in this Act mentioned.

49. —(1) Every person subject to military law who commits the following offence, that is to say:—

The offence of being drunk when on duty,

shall, on conviction by Court-Martial, be liable—

(a) If an officer and the offence is committed on active service, to suffer dismissal with ignominy or such less punishment as is in this Act mentioned; or

(b) If an officer, and the offence is committed not on active service, to suffer dismissal or such less punishment as is in this Act mentioned; or

(c) If a soldier and the offence is committed on active service, to suffer imprisonment or such less punishment as is in this Act mentioned; or

(d) If a soldier and the offence is committed not on active service, to suffer detention or such less, punishment as is in this Act mentioned.

(2) Every person subject to military law who commits the following offence, that is to say:—

The offence of being drunk when not on duty,

shall, on conviction by Court-Martial, be liable—

(a) If an officer, to suffer dismissal or such less punishment as is in this Act mentioned; or

(b) If a soldier, to suffer detention for six months or such less punishment as is in this Act mentioned.

50. —Every person subject to military law who commits the following offence, that is to say:—

The offence of releasing without proper authority, or aiding or wilfully or negligently allowing to escape any person whom it is his duty to keep or guard, or any person committed to his charge,

shall, on conviction by Court-Martial, be liable to suffer—

(a) If the offence was committed on active service, death or such less punishment as is in this Act mentioned; or

(b) If the offence was committed not on active service, penal servitude or such less punishment as is in this Act mentioned.

51. —Every person subject to military law who commits any of the following offences, that is to say:—

(1) The offence of (a) unnecessarily detaining any person under arrest or in confinement without bringing him to trial; or (b) failing to bring the case of any such person before the proper authority for investigation; or

(2) Having delivered a person into the custody of an officer or non-commissioned officer, the offence of failing without reasonable cause to deliver forthwith, or as soon as possible, and in any case not later than twenty-four hours thereafter, to such officer or non-commissioned officer an account in writing signed by himself, of the offence of which the person so delivered into custody is charged; or,

(3) Being in command of a guard, and having taken or received a person into custody, the offence of failing upon being relieved from guard or duty and in any case within twenty-four hours of the time of taking or receiving such person into custody, to give in writing to the officer to whom he may be ordered to report, the name, and so far as is known to him, the offence of such person, together with the name and rank of the officer or other individual by whom such person was charged, and if he has received the same, the account in writing referred to in the foregoing clause; or

(4) Being in arrest or confinement, or otherwise in lawful custody, the offence of escaping or attempting to escape,

shall, on conviction by Court-Martial, be liable to suffer—

(a) If an officer, dismissal with ignominy or such less punishment as is in this Act mentioned; or

(b) If a soldier, imprisonment or such less punishment as is in this Act mentioned.

52. —Every person subject to military law who commits any of the following offences, that is to say:—

(1) The offence of taking any fee or advantage in respect of, or being in any illicit way interested in, the sale or purchase of any provisions, stores, arms, equipment or other goods for the use of any of the Forces; or

(2) The offence of losing by neglect, wilfully injuring, making away with or being concerned in making away with (whether by way of gift, pawning, selling, destruction or otherwise howsoever) any arms, ammunition, equipment, instruments, clothing or other military property; or

(3) The offence of ill-treating any animal used in the public service,

shall on conviction by Court-Martial be liable to suffer imprisonment or such less punishment as is in this Act mentioned.

53. —Every person subject to military law who commits any of the following offences, that is to say:—

(1) The offence of knowingly making or being privy to the making of any misrepresentation or any false or fraudulent statement in any document made, signed, or certified by him, or of the contents of which it is his duty to ascertain the accuracy; or

(2) The offence of knowingly making or knowingly being privy to the making of any false or fraudulent statement; or

(3) The offence of knowingly suppressing or altering, destroying or making away with any document which it is his duty to preserve or produce; or

(4) The offence of knowingly making or knowingly being privy to the making of any omission from any document made, signed or certified by him, or of the contents of which it is his duty to ascertain the accuracy, or from any report or statement made or sent by him, and which it is his duty to make or send, with the intent thereby to defraud or mislead; or

(5) The offence of refusing, or by culpable neglect omitting, to make or send a report or return which it is his duty to make or send; or

(6) The offence of making any false declaration in any statement, report or return which it is his duty to make or send, knowing the same to be false,

shall, on conviction by Court-Martial be liable to suffer imprisonment or such less punishment as is in this Act mentioned.

54. —Every person subject to military law who commits the following offence, that is to say:—

The offence of making any false accusation against any other person subject to military law knowing such accusation to be false,

shall, on conviction by Court-Martial be liable to suffer imprisonment or such less punishment as is in this Act mentioned.

55. —Every person subject to military law who commits any of the following offences, that is to say:—

(1) The offence of knowingly making any statement which by reason of falsity or the suppression of material facts, is calculated seriously to injure or affect the character of any other person subject to military law; or

(2) Being a soldier the offence of knowingly making any false statement to a military officer or District Justice or Peace Commissioner, in respect of leave of absence; or

(3) Being a soldier the offence of falsely stating to his commanding officer that he has been guilty of desertion or fraudulent enlistment,

shall, on conviction by Court-Martial be liable to suffer imprisonment or such less punishment as is in this Act mentioned.

56. —Every person subject to military law who commits any of the following offences, that is to say:—

(1) The offence of making default in attending after being duly summoned, or ordered to attend as a witness at a Court-Martial; or

(2) The offence of refusing to take an oath or make a solemn declaration lawfully required by a Court-Martial to be taken or made; or

(3) The offence of refusing to produce any document in his power, possession or procurement lawfully required by a Court-Martial to be produced by him; or

(4) The offence of refusing when a witness to answer any question to which a Court-Martial may lawfully require an answer; or

(5) The offence of contempt of Court-Martial by using threatening or insulting language, or by causing any interruption or disturbance in the proceedings,

shall, on conviction by Court-Martial be liable to suffer—

(a) if an officer, imprisonment or such less punishment as is in this Act mentioned; or

(b) if a soldier, detention or such less punishment as is in this Act mentioned:

Provided that where a person subject to military law is guilty of any of the offences mentioned in this Section, such Court, if they think expedient, instead of the offender being tried by another Court-Martial, may by Order under the hand of the President, order the offender if an officer to be imprisoned without hard labour for a period not exceeding one month; or if a soldier, to undergo detention for a period not exceeding 21 days; and such Order shall not require any such confirmation as is hereinafter in this Act mentioned.

57. —Every person subject to military law who commits the following offence, that is to say:—

The offence of wilfully giving false evidence when examined on oath or solemn declaration before a Court-Martial or before any Court or officer duly authorised to administer an oath,

shall, on conviction by Court-Martial be liable to suffer penal servitude or such less punishment as is in this Act mentioned.

58. —Every person subject to military law who commits any of the following offences (in this Act referred to as offences in relation to billeting), that is to say:—

(1) The offence of ill-treating (by violence, extortion or making disturbances in billets) the occupier of a house in which any person or horse is billeted; or

(2) Being an officer, the offence of refusing or neglecting on complaint and proof of such ill-treatment by any officer or soldier under his command, to cause compensation to be made for the same; or

(3) The offence of failing to comply with the provisions of this Act with respect to the payment of just demands of the person on whom he or any officer or soldier under his command, or his or their horses have been billeted, or to the making up and transmitting of an account of the money due to such person; or

(4) The offence of wilfully demanding billets which are not actually required for some person or horse entitled to be billeted; or

(5) The offence of taking or knowingly suffering to be taken, from any person any money or reward for excusing or relieving any person from his liability in respect of billeting or quartering of officers, soldiers or horses, or any part of such liability; or

(6) The offence of using or offering any menace to or compulsion on any constable or other civil officer to make him give billets contrary to this Act, or tending to deter or discourage him from performing any part of his duty under the provisions of this Act relating to billeting or tending to induce him to do anything contrary to his said duty; or

(7) The offence of using or offering any menace to or compulsion on any person tending to oblige him to receive, without his consent, any person or horse not duly billeted upon him in pursuance of the provisions of this Act relating to billeting or to furnish any accommodation which he is not thereby required to furnish;

shall, on conviction by Court-Martial be liable to suffer imprisonment or such less punishment as is in this Act mentioned.

59. —Every person subject to military law who commits any of the following offences (in this Act referred to as offences in relation to the impressment of carriages), that is to say:—

(1) The offence of wilfully demanding any motor car, carriage, animal, vehicle, vessel or aircraft which is not actually required for the purposes authorised by this Act; or

(2) The offence of failing to comply with the provisions of this Act relating to the impressment of carriages as regards the payment of sums due for carriages or as regards the weighing of the load; or

(3) The offence of constraining any motor car, carriage, animal, vehicle, or vessel furnished in pursuance of the provisions of this Act relating to the impressment of carriages, to travel against the will of the person in charge thereof beyond the proper distance, or to carry against the will of such person any greater weight than that he is required by the said provisions to carry; or

(4) The offence of not discharging as speedily as possible any motor car, carriage, animal, vehicle, vessel or aircraft, furnished in pursuance of the provisions of this Act relating to the impressment of carriages; or

(5) The offence of compelling any person in charge of such motor car, carriage, animal, vehicle, vessel or aircraft or permitting him to be compelled to take thereon any baggage or stores not entitled to be carried, or except where the motor car, carriage or animal is furnished upon a requisition of emergency, to take thereon any soldier or servant (except such as are sick) or any woman or person; or

(6) The offence of ill-treating or permitting any such person in charge of any such motor car, carriage, animal, vehicle, vessel or aircraft to be ill-treated; or

(7) The offence of using or offering any menace to or compulsion on, any constable to make him provide any motor car, carriage, animal, vehicle, vessel or aircraft, which he is not bound in pursuance of the provisions of this Act relating to the impressment of carriages to provide, or tending to deter or discourage him from performing any part of his duty in relation to providing motor cars, carriages, animals, vehicles, vessels or aircraft or tending to induce him to do anything contrary to his said duty; or

(8) The offence of forcing any motor car, carriage, animal, vehicle, vessel or aircraft from the owner thereof,

shall, on conviction by Court-Martial be liable to suffer imprisonment or such less punishment as is in this Act mentioned.

60. —Every person subject to military law who commits the following offence, that is to say:—

The offence of travelling or attempting to travel upon any train, tram, car or other vehicle without payment or tender of the fare, or without ticket, voucher, or proper warrant,

shall, on conviction by Court-Martial be liable to suffer—

(a) if an officer dismissal or such less punishment as is in this Act mentioned, or

(b) if a soldier detention or such less punishment as is in this Act mentioned.

61. —Every person who having become subject to military law is discovered to have committed any of the following offences, that is to say:—

(1) Having been discharged with ignominy from the Forces, the offence of re-enlisting without declaring the circumstances of his discharge; or

(2) The offence of making a wilfully false answer to any question set forth in the attestation paper, which has been put to him by or by the direction of the District Justice, Peace Commissioner or officer before whom he appears for the purpose of being attested;

shall, on conviction by Court-Martial, be liable to suffer imprisonment or such less punishment as is in this Act mentioned.

62. —Every person subject to military law who commits any of the following offences, that is to say:—

(1) The offence of being concerned in the enlistment for service in the Forces of any man whom he knows or has reasonable cause to believe to be so circumstanced that by enlisting he commits an offence against this Act; or

(2) The offence of wilfully contravening any enactment or regulation in any matter relating to the enlistment or attestation of soldiers of the Forces,

shall, on conviction by Court-Martial be liable to suffer imprisonment or such less punishment as is in this Act mentioned.

63. —Every officer or non-commissioned officer who commits the following offence, that is to say:—

The offence of unlawfully striking or otherwise unlawfully ill-treating any soldier,

shall, on conviction by Court-Martial be liable to suffer imprisonment or such less punishment as is in this Act mentioned.

64. —Every person subject to military law who commits the following offence, that is to say:—

the offence of unlawfully striking or otherwise unlawfully ill-treating any person not subject to military law in military custody,

shall, on conviction by Court-Martial be liable to suffer imprisonment or such less punishment as is in this Act mentioned.

65. —Every officer or non-commissioned officer who commits the following offence, that is to say:—

Having received the pay of any person subject to military law, the offence of unlawfully detaining or unlawfully refusing to pay the same,

shall, on conviction by Court-Martial be liable to suffer—

(a) if an officer, dismissal or such less punishment as is in this Act mentioned, or

(b) if a non-commissioned officer, detention or such less punishment as is in this Act mentioned.

66. —(1) Every person subject to military law who commits the following offence, that is to say:—

The offence of, negligently or carelessly or through breach of any orders, wounding any other person whether subject to military law or not,

shall on conviction by Court-Martial be liable to suffer penal servitude or such less punishment as is in this Act mentioned.

(2) Every person subject to military law who commits any of the following offences, that is to say:—

(a) The offence of without due cause presenting any firearms whether loaded or unloaded at any person whether subject to military law or not, or

(b) The offence of without due cause discharging any firearms, or

(c) The offence of carelessly or negligently handling any firearm whether loaded or unloaded in such a manner as is calculated to cause reasonable apprehension,

shall, on conviction by Court-Martial be liable to suffer imprisonment or such less punishment as is in this Act mentioned.

67. —Every person subject to military law who commits the following offence, that is to say:—

Lawful application having been made to him, the offence of neglecting or refusing to hand over to the proper civil authorities or to assist in the lawful apprehension of any officer or soldier accused of an offence against the ordinary law,

shall, on conviction by Court-Martial be liable to suffer—

(a) If an officer, dismissal with ignominy or such less punishment as is in this Act mentioned; or

(b) If a soldier, imprisonment or such less punishment as is in this Act mentioned.

68. —Every person subject to military law who commits the following offence, that is to say:—

The offence of being guilty of any act, conduct, disorder or neglect, to the prejudice of good order and military discipline,

shall, on conviction by Court-Martial be liable to suffer—

imprisonment or such less punishment as is in this Act mentioned:

Provided that no such person shall be tried under this Section in respect of any offence for which special provision is made in any other part of this Act, and which is not a civil offence, nevertheless the conviction of a person so charged shall not be invalid by reason only of the charge being in contravention of this proviso unless it appears that injustice has been done to the person charged by reason of such contravention, but the responsibility of any officer for that contravention shall not be removed by the validity of the conviction.

69. —Subject to such regulations for the purpose of preventing interference with the jurisdiction of the Civil Courts as are in this Act mentioned, every person who, whilst he is subject to military law, shall commit any of the offences in this Section mentioned shall be deemed to be guilty of an offence against military law, and if charged under this Section with any such offence (in this Act referred to as a civil offence) shall be liable to be tried by Court-Martial and on conviction to be punished as follows, that is to say:—

(1) If he is convicted of treason be liable to suffer death or such less punishment as is in this Act mentioned; and

(2) If he is convicted of murder be liable to suffer death; and

(3) If he is convicted of manslaughter or treason felony be liable to suffer penal servitude or such less punishment as is in this Act mentioned; and

(4) If he is convicted of rape be liable to suffer penal servitude or such less punishment as is in this Act mentioned; and

(5) If he is convicted of buggery be liable to suffer penal servitude or such less punishment as is in this Act mentioned; and

(6) If he is convicted of any of the offences specified in the Third Schedule hereto or an attempt to commit any of the offences hereinbefore mentioned in this Section or specified in the said Schedule (the attempt to commit which is a criminal offence punishable by the ordinary criminal law of Saorstát Eireann) or any other offence against the law of Saorstát Eireann not before in this Section particularly referred to, which is punishable by the ordinary criminal law of Saorstát Eireann, be liable either to suffer such punishment as might be awarded to him in pursuance of this Act in respect of an offence to the prejudice of good order and military discipline or to suffer any punishment assigned for such offence by the law of Saorstát Eireann:

Provided that a person subject to military law shall not be tried by Court-Martial for treason, murder, manslaughter, treason felony, rape or buggery unless such person at the time he committed the offence was on active service.

Scale and Application of Punishments.

70. —(1) Save as is in this Act otherwise provided a person subject to military law tried and found guilty by Court-Martial of an offence hereinbefore mentioned in this Act may be sentenced by such Court-Martial to undergo one and one only of the punishments specified in the Scales A and B following.

(2) For the purpose of this Act any punishment specified in the Scales A and B following shall be deemed to be less than any punishment preceding it in the same scale.

Scale A.

Where the person convicted is an officer—

I. Death.

II. Penal Servitude.

III. Imprisonment with or without hard labour

IV. Dismissal with ignominy from the service.

V. Dismissal from the service.

VI. Fine.

VII. Any deduction from ordinary pay, by this Act authorised to be made by a Court-Martial.

VIII. Severe reprimand.

IX. Reprimand.

Scale B.

Where the person convicted is a soldier—

I. Death.

II. Penal Servitude.

III. Imprisonment with or without hard labour.

IV. Discharge with ignominy from the service.

V. Detention.

VI. Discharge from the service.

VII. Where the person convicted is a non-commissioned officer, forfeiture of seniority of rank, reduction to a lower grade or to the ranks.

VIII. Forfeiture and fines.

IX. Any deduction from ordinary pay authorised by this Act to be made by a Court-Martial.

X. Severe reprimand.

71. —(1) An officer sentenced to penal servitude or imprisonment (save by summary award of a Court-Martial under Section 56 of this Act) is automatically dismissed with ignominy from the service.

(2) A non-commissioned officer or private soldier sentenced to penal servitude is automatically discharged with ignominy from the service.

(3) An officer dismissed with ignominy from the service or a soldier discharged with ignominy from the service is thereby disqualified from ever serving the State again in any capacity, civil or military.

(4) A non-commissioned officer or private soldier sentenced to imprisonment is automatically discharged from the service unless the Court shall otherwise direct.

(5) A non commissioned officer sentenced to imprisonment or detention is automatically reduced to the ranks.

72. —(1) An officer may at the same time be sentenced by Court-Martial to any one or more of the following punishments:—

(a) Fine.

(b) Severe reprimand.

(c) Reprimand.

(2) In addition to or without any other punishment an officer may be sentenced by Court-Martial to any deduction from ordinary pay authorised by this Act to be made by Court-Martial.

(3) In addition to or without any other punishment any noncommissioned officer or private soldier may be sentenced by Court-Martial to any one of the following punishments:—

(a) Fine.

(b) Any deduction from ordinary pay authorised by this Act to be made by a Court-Martial.

73. —(1) No sentence of penal servitude shall be awarded for a period less than three years.

(2) No sentence of imprisonment or detention shall be awarded for a period of more than two years.

Arrest.

74. —(1) Any person subject to military law charged with an offence punishable by this Act may be taken into military custody.

(2) Any person taken into military custody may be placed in open or close arrest.

75. —(1) An officer acting with proper authority may order into military custody an officer of inferior rank or any soldier.

(2) An officer acting with proper authority may order into military custody any officer (even though of higher or equal rank) engaged in any disorder or quarrel.

(3) A non-commissioned officer acting with proper authority may order into military custody any soldier.

(4) Where a person subject to military law is lawfully ordered into arrest, the order shall be obeyed whether or not the person giving the order and the person in respect of whom the order is given belong to the same corps, arm or branch of the Forces.

76. —(1) Every officer or non-commissioned officer who commits any person into custody, shall, at the time of such committal or, as soon as practicable thereafter, and in any case not later than 24 hours thereafter, deliver to the officer or non-commissioned officer into whose custody the person is committed, an account in writing signed by himself of the offence with which the person so committed is charged.

(2) Any officer or non-commissioned officer commanding a guard, or a provost-marshal or assistant provost-marshal shall not refuse to receive or keep any person who is committed to his custody by an officer or non-commissioned officer.

(3) Any officer or non-commissioned officer commanding a guard who takes or receives a person into custody shall, as soon as he is relieved from guard or duty and in every case within twenty-four hours of the time he took or received such person into custody, give in writing to his Commanding Officer the name and, so far as the same is known to him, the offence of such person with the name and rank of the officer or non-commissioned officer by whom such person was charged and, if he has received the same, the account in writing referred to in sub-section (1) of this Section.

77. —The charge against every person taken into military custody shall, without unnecessary delay be investigated by the proper military authority, and as soon as possible either proceedings shall be taken for punishing the offence or such person shall be discharged from custody.

Summary Disposition of Certain Charges.

78. —Where an officer below the rank of Commandant is charged with an offence in this Section mentioned, the charge may be summarily dealt with in the manner hereinafter mentioned.

Offences.

(1) The offence of neglecting to obey any garrison or general or other orders being the offence mentioned in Section 41 of this Act.

(2) The offence of being absent without leave.

(3) The offence of failing to appear at the place of parade or mobilisation or post or position appointed by his superior officer; or withdrawing from such place of parade or mobilisation or post or position before he is relieved or without leave or otherwise unjustifiably.

(4) The offence of quitting the ranks without leave or otherwise unjustifiably.

(5) The offence of being drunk when not on duty.

(6) The offence of being guilty of any act, conduct, disorder or neglect to the prejudice of good order and military discipline.

79. —When an officer below the rank of Commandant is charged with any of the offences mentioned in Section 78 of this Act, the prescribed officer may, if satisfied as to the guilt of the accused, summarily award any of the following punishments:—

(1) Fine not exceeding £10.

(2) Severe reprimand.

(3) Reprimand.

80. —When a non-commissioned officer or private soldier is charged with any of the offences mentioned in this Section the charge may be summarily dealt with in the manner hereinafter provided.

Offences.

(1) The offence of disobeying any lawful command or order given by a superior officer.

(2) Being concerned in any quarrel, affray or disorder, the offence of refusing to obey, striking, using, or offering violence to (a) any officer who lawfully orders him into arrest, (b) any person in whose custody he is lawfully placed.

(3) The offence of resisting any patrol, escort or police guard whose duty it is to apprehend him or have him in charge.

(4) The offence of breaking out of quarters.

(5) The offence of neglecting to obey any garrison or general or other orders being the offence mentioned in Section 41 of this Act.

(6) The offence of being absent without leave.

(7) The offence of failing to appear at the place of parade or mobilisation or post or position appointed by his superior officer or withdrawing from such place of parade or mobilisation post or position before he is relieved or without leave or otherwise unjustifiably.

(8) The offence of quitting the ranks without leave or otherwise unjustifiably.

(9) Being a private soldier, the offence of being drunk when on duty.

(10) The offence of being drunk when not on duty.

(11) The offence of losing by neglect, wilfully injuring, making away with, or being concerned in making away with (whether by way of gift, pawning, selling, destruction, or otherwise howsoever) any arms, ammunition, equipment, instruments, clothing, or other military property.

(12) The offence of making any false accusation against any other person subject to military law, knowing such accusation to be false.

(13) The offence of knowingly making any statement which, by reason of falsity or the suppression of material facts, is calculated seriously to injure or affect the character of any other person subject to military law.

(14) The offence of making any false statement to any military officer or District Justice in respect of leave of absence.

(15) The offence of travelling or attempting to travel on any train, tram, car or other vehicle without payment or tender of fare or without ticket, voucher or proper warrant.

(16) Having been discharged with ignominy from the Forces, the offence of re-enlisting without declaring the circumstances of his discharge.

(17) The offence of making a false answer to any question set forth in the attestation paper which has been put to him by, or by the direction of, the District Justice, Peace Commissioner or officer, before whom he appears for the purpose of being attested.

(18) The offence of being concerned in the enlistment for service in the Forces of any man, when he knows or has reasonable cause to believe such man to be so circumstanced that by enlisting he commits an offence against this Act.

(19) The offence of wilfully contravening any enactment or regulation in any matter relating to the enlistment or attestation of soldiers of the Forces.

(20) The offence of being guilty of any act, conduct, disorder or neglect to the prejudice of good order and military discipline.

81. —Where a non-commissioned officer is charged with any of the offences mentioned in Section 80 of this Act, the Commanding Officer of the accused may, if satisfied as to the guilt of the accused, summarily award any of the punishments following:—

(1) In the case of offences other than drunkenness, fine not exceeding £5.

(2) Fines in cases of drunkenness not on duty as follows:—

(3) Deprivation of acting rank.

(4) Severe reprimand.

(5) Reprimand.

(6) In addition to or without any other punishment, any deduction from ordinary pay authorised by this Act to be made by a Commanding Officer.

82. —Where a private soldier is charged with any of the offences mentioned in Section 80 of this Act the Commanding Officer of the accused may, if satisfied as to the guilt of the accused, summarily award any of the following punishments:—

(1) Detention for a period not exceeding twenty-eight days. In cases of absence without leave for a period not exceeding seven days, detention shall not be awarded for a period exceeding seven days. Where the absence exceeds seven days detention may be awarded for a period equal to the period of absence without leave but in no case for a period exceeding twenty-eight days.

(2) In the case of offences other than drunkenness, fine not exceeding £3.

(3) In addition to or without detention fines in cases of drunkenness as follows:—

(4) Confinement to barracks for a period not exceeding 14 days.

(5) Extra guards and pickets.

(6) Warning.

(7) In addition to or without any other punishment, any deduction from ordinary pay authorised by this Act to be made by a Commanding Officer.

83. —Where a private soldier is charged with any of the offences mentioned in Section 80 of this Act the Company Commander of the accused may, if satisfied as to the guilt of the accused summarily award any of the following punishments:—

(1) In the case of offences other than drunkenness, fine not exceeding £1.

(2) Fines in cases of drunkenness as follows:—

(3) Confinement to barracks for a period not exceeding seven days.

(4) Extra guards and pickets.

(5) Warning.

Investigation of Charges.

84. —(1) A charge against an officer shall in the first instance be investigated by his Commanding Officer.

(2) If the Commanding Officer is satisfied that there is no evidence disclosing an offence mentioned in this Act, or if he considers the charge ought not to be proceeded with, he shall dismiss the charge.

(3) If the Commanding Officer does not dismiss the charge he shall proceed as follows:—

(a) If the accused is an officer not under the rank of Commandant, or in the case of an officer under the rank of Commandant, if the offence is not one of those mentioned in Section 78 of this Act, he shall remand the accused for trial by Court-Martial.

(b) If the accused is an officer under the rank of Commandant, and if the offence is one of those mentioned in Section 78 of this Act, he shall refer the case to the prescribed officer.

(4) The prescribed officer upon the case being referred to him in accordance with sub-section (3) (b) of this Section, shall investigate the case and proceed as follows:—

(a) If satisfied that there is no evidence against the accused, or if he considers the charge ought not to be proceeded with, he shall dismiss the charge.

(b) If he does not dismiss the charge he shall proceed as follows—

(i) If he considers the case is one which should be dealt with by Court-Martial, he shall remand the accused for trial by general Court-Martial.

(ii) If he does not remand the accused for trial by Court-Martial, he shall award one of the punishments mentioned in Section 79 of this Act.

85. —(1) A charge against a non-commissioned officer shall in the first instance be investigated by his Company-Commander.

(2) If the Company-Commander is satisfied that there is no evidence disclosing an offence mentioned in this Act, he shall dismiss the charge.

(3) If the Company-Commander does not dismiss the charge, he shall refer the case to the Commanding Officer.

(4) The Commanding Officer, upon the case being referred to him in accordance with sub-section (3) of this Section, shall investigate the case and proceed as follows:—

(a) If satisfied that there is no evidence disclosing an offence mentioned in this Act, or if he considers the charge ought not to be proceeded with, he shall dismiss the charge.

(b) If he does not dismiss the charge he shall proceed as follows:—

(i) If the offence is not one of those mentioned in Section 80 of this Act, or being one of the offences mentioned in Section 80 of this Act, he considers the case is one which should be dealt with by Court-Martial, he shall remand the accused for trial by Court-Martial.

(ii) If the charge is one of those mentioned in Section 80 of this Act, and if he does not remand the accused for trial by Court-Martial, he shall award one of the punishments mentioned in Section 81 of this Act.

86. —(1) A charge against a private soldier shall in the first instance be investigated by his Company-Commander.

(2) If the Company-Commander is satisfied that there is no evidence disclosing an offence mentioned in this Act, or if he considers that the charge ought not to be proceeded with, he shall dismiss the charge.

(3) If the Company Commander does not dismiss the charge, he shall proceed as follows:—

(a) If the offence is one of those mentioned in Section 80 of this Act, and if he considers that the punishments he is entitled to award in accordance with Section 83 of this Act, meet the case, he shall award one of those punishments.

(b) If the offence is not one of those mentioned in Section 80 of this Act, or being one of those offences he considers the punishment he is entitled to award does not meet the case, he shall refer the case to the Commanding Officer.

(4) The Commanding Officer, upon the case being referred to him in accordance with sub-section (3) (b) of this section, shall investigate the charge and proceed as follows:—

(a) If he is satisfied that there is no evidence disclosing an offence mentioned in this Act, or if he considers that the charge ought not to be proceeded with, he shall dismiss the charge.

(b) If he does not dismiss the charge he shall proceed as follows:—

I.—(a) If the offence is one of those mentioned in Section 80 of this Act, and if he considers the offence is one which should be dealt with by Court-Martial he shall remand the accused for trial by Court-Martial.

(b) If he does not remand the accused for trial by Court-Martial he shall award one of the punishments mentioned in Section 82 of this Act.

II.—(a) If the offence is not one of those mentioned in Section 80 of this Act, and he considers the case one which should be dealt with by Court-Martial, he shall apply to the prescribed officer for authority to deal with the case in the same manner as if the offence had been one of those mentioned in Section 80 of this Act, and on receiving such authority from such prescribed officer (who is hereby empowered to grant such authority if he thinks fit) he shall deal with the case accordingly, and award one of the punishments mentioned in Section 82 of this Act. In the event of such authority being withheld, he shall remand the accused for trial by Court-Martial.

(b) If the offence is not one of those mentioned in Section 80 of this Act, and he does not apply for authority to deal with the case summarily, as aforesaid, he shall remand the accused for trial by Court-Martial.

87. —No charge against an officer non-commissioned officer or private soldier shall be heard or investigated save in the presence of the accused. The accused shall have full liberty to cross-examine all witnesses called against him, and to call any witnesses in his defence, and to make a statement in his defence. If the accused shall demand that the evidence against him shall be taken on oath, the investigating officer shall cause all witnesses to be sworn before giving evidence.

88. —No person charged with an offence in this Act mentioned, shall be liable to be dealt with summarily for an offence in respect of which he has been acquitted or convicted by a competent Civil Court or by a Court-Martial.

Courts-Martial.

89. —(1) Where a person subject to military law has been acquitted or convicted of an offence by Court-Martial he shall not be liable to be tried again by a Court-Martial in respect of that offence.

(2) Where a person subject to military law has been acquitted or convicted of an offence by a competent Civil Court he shall not be liable to be tried again by Court-Martial in respect of that offence.

(3) A person subject to military law shall not be liable to be tried by Court-Martial for any offence which shall have been summarily dealt with in accordance with the provisions of this Act:

Provided always that the Adjutant-General may, notwithstanding that a charge may have been dismissed or punishment awarded in respect of same, for reasons which to him seem sufficient, direct such person to be tried by Court-Martial.

(4) A person subject to military law shall not in pursuance of this Act be tried or punished for any offence triable by Court-Martial committed more than three years before the date on which his trial begins, except in the case of mutiny, desertion or fraudulent enlistment; but this Section shall not affect the jurisdiction of a Civil Court in the case of an offence triable by such Court, as well as by Court-Martial.

90. —Courts-Martial shall be of two kinds, namely, General and Local.

91. —(1) Every General Court-Martial shall be convened by the Adjutant-General, or by such officer as he shall authorise to convene the same.

(2) A General Court-Martial shall have jurisdiction to try any person subject to military law for any offence mentioned in this Act.

(3) A General Court-Martial shall be constituted as follows:—

(a) A President who shall be of a rank not lower than Colonel, and shall be appointed by the Convening Officer: Provided always that where it appears to the Convening Officer that an officer of a rank not lower than that of Colonel is not available to act as such President (having due regard to military exigencies and the public service) the Convening Officer may, upon endorsing a certificate to that effect upon the order convening such General Court-Martial, appoint to act as such President an Officer of a rank not lower than that of Captain: Provided always that in no case shall the President of a General Court-Martial be of lower rank than the accused person.

(b) Not more than seven and not less than three other officers who shall not be of a rank lower than Captain and shall be appointed by the Convening Officer.

(4) (a) There shall be in attendance at every General Court-Martial a Judge-Advocate appointed by the prescribed officer.

(b) A Judge-Advocate at a General Court-Martial shall be a person duly qualified as a Barrister-at-Law, or a Solicitor in Saorstát Eireann, and an officer of the Forces.

(c) The duties of a Judge-Advocate shall be as prescribed.

92. —(1) Every Local Court-Martial shall be convened by the Adjutant-General or by such Officer as he shall authorise to convene the same.

(2) A Local Court-Martial shall have jurisdiction to try non-commissioned officers and private soldiers for any offence mentioned in this Act, except murder, but shall have no jurisdiction to try an officer.

(3) A Local Court-Martial shall have jurisdiction only to award imprisonment (with or without hard labour) or a less sentence.

(4) A Local Court-Martial shall be constituted as follows:—

(a) A President who shall not be of a rank lower than Commandant, and shall be appointed by the Convening Officer, provided, however, if it appears to the Convening Officer that an officer of a rank not lower than Commandant is not available to act as such President (having due regard to the military exigencies and the public service) the Convening Officer may, upon endorsing a certificate to that effect on the order convening such Local Court-Martial, appoint as President thereof an officer of a rank not lower than Captain.

(b) Not less than two nor more than four other officers appointed by the Convening Officer.

(5) There shall be in attendance at every Local Court-Martial a Judge-Advocate, qualified to act and appointed as may be prescribed

93. —The following shall not serve on any Court-Martial:—

(1) Any Chaplain holding a commissioned rank or an officer of the Army Medical Corps, provided always that where a Court is convened for the trial of a soldier of the Army Medical Corps, an officer of that Corps may be detailed to act as a member or waiting member thereof.

(2) The Convening Officer.

(3) The Prosecuting Officer.

(4) Any officer who investigated the charge against he accused, or conducted any inquiry into the case.

(5) The Commanding Officer of the accused.

(6) Any officer who has a personal interest in the case.

94. —(1) An accused about to be tried by any Court-Martial may object, for any reasonable cause, to any member of the Court (including the President) whether appointed to serve thereon originally or to fill a vacancy caused by the retirement of any officer objected to, so that the court may be constituted of officers to whom the accused makes no reasonable objection.

(2) Every objection made by an accused to any officer shall be submitted to the other officers appointed to form the Court.

(3) If the objection is to the President, such objection, if allowed by one-half or more of the other officers appointed to form the Court, shall be allowed, and the Court shall adjourn for the purpose of the appointment of another President.

(4) If an objection to the President is allowed, the authority convening the Court shall appoint another President, subject to the same right of the accused to object.

(5) If the objection is to a member other than the President, and is allowed by one-half or more of the votes of the officers entitled to vote, the objection shall be allowed, and the member objected to shall retire, and his vacancy may be filled in the prescribed manner by another officer, subject to the same right of the accused to object.

(6) In order to enable an accused to avail himself of the privilege of objecting to any officer, the names of the officers appointed to form the Court shall be read over in the hearing of the accused on their first assembling and before they are sworn, and he shall be asked whether he objects to any of such officers, and a like question shall be repeated in respect of any officer appointed to serve in lieu of the retiring officer.

95. —(1) When the Court is constituted with the proper number of officers who are not objected to, or the objections to whom have been over-ruled, each member shall be duly sworn. The oath shall be administered to the President first, and then to the other members of the Court by the Judge-Advocate. The oath shall then be administered to the Judge-Advocate by the President.

(2) A shorthand note-taker, if in attendance, shall then be sworn by a member of the Court, or the Judge-Advocate.

(3) The oaths administered in accordance with this Section shall be in the prescribed form.

96. —In addition to a plea of “Not Guilty” an accused may enter any of the following special pleas in bar of trial:—

(1) Previous acquittal or conviction of the same offence by—

(a) A competent Civil Court.

(b) A competent Court-Martial.

(c) Any officer in due exercise of his powers under this Act, subject however, to the provisions of Section 89 (3) of this Act.

(2) Pardon of the offence by the Minister.

(3) Save in cases of mutiny, desertion or fraudulent enlistment the expiration at the date on which the trial commences of a period of more than three years from the date at which the offence is alleged to have been committed.

(4) Where the offence is one against the ordinary law, which by ordinary law must be prosecuted within a specific period of the date of commission of the offence, lapse of the specific period.

97. —(1) Every witness examined before a Court-Martial shall be examined upon oath, which the President or any other member of the Court or the Judge-Advocate shall administer in the prescribed form.

(2) Where a person required by this Act to take an oath objects to take an oath, or is objected to as incompetent to take an oath, the Court, if satisfied as to the sincerity of the objection, or where the competence of a person to take an oath is objected to, that the oath has no binding effect upon the conscience of such person, shall permit such person, instead of being sworn, to make a solemn declaration in the prescribed form, and for the purpose of this Act such declaration shall be deemed to be an oath.

98. —Every person charged with an offence and the wife of a person so charged is a competent witness for the defence at every stage of the proceedings before a Court-Martial, whether the person so charged is charged solely or jointly with any other person or persons; provided a person so charged shall not be called as a witness except on his own application and the wife of the person so charged shall not be called as a witness for the defence, except upon the application of the person so charged.

99. —Save as is in this Act otherwise provided, every Court-Martial shall be bound by the law for the time being in force in Saorstát Eireann relating to evidence before Civil Courts.

100. —(1) In case of equality of votes on a finding, the accused shall be acquitted.

(2) The finding of acquittal, whether on all or some of the charges with which the accused is charged shall not require confirmation or be subject to revision and if it relates to all the charges shall be pronounced at once in open Court and the accused be discharged.

101. —(1) Where a person is charged before a Court-Martial with an offence mentioned in Section 69 of this Act, and the offence is such that if he were charged with the same offence upon indictment before a Civil Court he could lawfully be convicted on such indictment of some other offence not charged in the indictment, then the Court-Martial may, instead of finding the accused guilty of the offence charged, find him guilty of such other offence as a Civil Court might lawfully have convicted him of.

(2) An accused charged before a Court-Martial with desertion may be found guilty of attempting to desert or being absent without leave.

(3) An accused charged before a Court-Martial with attempting to desert may be found guilty of desertion or being absent without leave.

(4) An accused charged before a Court-Martial with any other offence under this Act, other than an offence mentioned in Section 69 of this Act, may, on failure of proof of an offence being committed in circumstances involving a higher degree of punishment, be found guilty of the same offence as being committed in circumstances involving a less degree of punishment.

102. —In case of equality of votes on the sentence or on any question arising after the commencement of the trial, save objections by the accused under Section 94 of this Act, or the finding, the President shall have a second or casting vote.

103. —Sentence of death shall not be awarded save with the concurrence of three-fourths, or more, of the members of the Court.

104. —(1) The Court shall award only one sentence in respect of all offences of which the accused is convicted. The sentence shall be one which under this Act, may be awarded in respect of any one of the offences of which the accused is convicted.

(2) Every sentence of penal servitude, imprisonment or detention to which such person is sentenced by court-martial, whether the sentence has been revised as hereinafter is provided or not and whether the person is already undergoing sentence or not, shall be reckoned to commence on that day on which the original finding sentence and proceedings were signed by the President of the Court-Martial or on such earlier date as the Court may direct.

105. —(1) If a Court-Martial after the commencement of the trial is by death or otherwise reduced below the legal minimum it shall be dissolved.

(2) If after the commencement of the trial the President dies or is otherwise unable to attend and the Court is not reduced below the legal minimum, the Convening Officer may appoint the senior member of the Court, if of sufficient rank, to be President and the trial shall proceed accordingly, but if he is not of sufficient rank the Court shall be dissolved.

(3) If on account of illness of the accused before the finding, it is impossible, within what appears a reasonable time to the Convening Officer, to continue the trial, the Court may be dissolved by the Convening Officer.

(4) Where a Court-Martial is dissolved under the foregoing provisions of this Section, the accused may be tried again.

(5) The President of any Court-Martial may on any deliberation amongst the members cause the Court to be cleared of all other persons, except the Judge-Advocate.

(6) The Court may adjourn from time to time.

(7) The Court may also, when necessary, view any place.

Miscellaneous Provisions as to Courts-Martial.

106. —(1) The Prosecutor may be represented by a legal adviser.

(2) Any person tried by a Court-Martial may be represented by a legal adviser or an officer.

(3) The expression “legal adviser” in this Section means a barrister-at-law or solicitor entitled to practise in Saorstát Eireann

107. —(1) Any conduct of a legal adviser which would be liable to censure or would be a contempt of court if it took place before the High Court of Saorstát Eireann shall be likewise deemed liable to censure or be deemed a contempt of court in the case of a Court-Martial, and the rules to be prescribed for the practice of Courts-Martial and the guidance of legal advisers shall be binding on legal advisers who appear before such Courts-Martial and any wilful disobedience of such rules shall be professional misconduct and if persevered in be deemed a contempt of court.

(2) Where a legal adviser is guilty of conduct liable to censure or is guilty of a contempt of court the President of the Court-Martial may certify the offence of such legal adviser under his hand to any Court of Law in Saorstát Eireann which has power to commit for contempt and that Court may thereupon enquire into such alleged offence and after hearing any witnesses that may be produced against or on behalf of the person so accused and after hearing any statement that may be offered in defence, punish or take steps for the punishment of such person in like manner as if he had been guilty of contempt of court.

(3) A Court-Martial may, by order under the hand of the President, cause a legal adviser to be removed from the Court who is guilty of such offence as may in the opinion of the Court-Martial require his removal from Court, but in every such case the President shall certify the offence to a Court of Law in the manner provided by sub-section (2) of this Section.

108. —(1) Every person required to give evidence before a Court-Martial may be summoned or ordered to attend in the prescribed manner.

(2) Every person attending in pursuance of such summons or order as a witness before any Court-Martial shall, during his necessary attendance to or in such Court and in going to and returning from the same have the same privilege from arrest as if he were a witness before the High Court in Saorstát Eireann.

(3) For the purpose of this and the next succeeding Section, the expression “a Court-Martial” shall be deemed to include an officer taking a written summary of evidence in accordance with this Act; and references to the President or members of the Court-Martial shall be construed as including references to such officer.

109. —(1) Where any person not subject to military law commits any of the following offences, that is to say:—

(a) On being duly summoned as a witness before a Court-Martial, and after payment or tender of the reasonable expenses of his attendance, makes default in attending; or,

(b) Being in attendance as a witness—

(i.) Refuses to take an oath legally required by a Court-Martial to be taken; or,

(ii.) Refuses to produce any document in his power, possession or procurement legally required by a Court-Martial to be produced by him; or,

(iii.) Refuses to answer any question to which a Court-Martial may legally require an answer.

the President of the Court-Martial may certify the offence of such person under his hand to any Court of Law in Saorstát Eireann which has power to punish witnesses if guilty of a like offence in that Court, and that Court may thereupon inquire into such alleged offence, and after examination of any witnesses that may be produced against or for the person so accused, and after hearing any statement that may be offered in defence, if it seem just, punish such person in like manner as if he had committed such offence in a proceeding in that Court.

(2) Where a person not subject to military law when examined on oath or solemn declaration before a Court-Martial wilfully gives false evidence, he shall be liable on indictment or information to be convicted of and punished for the offence of perjury.

(3) Where a person not subject to military law is guilty of any contempt towards a Court-Martial, by using insulting or threatening language, or by causing any interruption or disturbance in its proceedings, or by printing observations or using words calculated to influence the members or witnesses before such Court-Martial, or to bring such Court into disrepute, the President of the Court-Martial may certify the offence of such person under his hand, to any Court of Law in Saorstát Eireann, which has power to commit for contempt and that Court may thereupon enquire into such alleged offence, and after hearing any witnesses that may be produced against or on behalf of the person so accused, and after hearing any statement that may be offered in defence, punish or take steps for the punishment of such person in like manner as if he had been guilty of contempt of that Court.

110. —(1) (a) Where it appears on the trial by Court-Martial of a person charged with an offence that such person is by reason of insanity unfit to stand his trial, the Court shall specially find that fact and such person shall be kept in custody in the prescribed manner until the directions of the Minister thereon are known or until any earlier time at which such person is fit to take his trial.

(b) The Minister may give orders for the safe custody of such persons during his pleasure in such manner as he may think fit.

(c) A finding under this Section shall be subject to confirmation in like manner as any other finding as is hereinafter provided.

(2) Where on trial by Court-Martial of a person charged with an offence it appears that such person committed the offence, but was insane at the time of the commission thereof, the Court shall specially find the fact of insanity as well as the finding of guilty and such person shall be kept in custody in the prescribed manner until the directions of the Minister thereon are known.

111. —If a person imprisoned or undergoing detention by virtue of this Act, becomes insane, then without prejudice to any other provisions for dealing with insane persons, an Executive Minister may, upon a certificate of such insanity by two qualified practitioners, order the removal of such person to an asylum or other proper place for the reception of insane persons, there to remain for the unexpired term of his imprisonment or detention, and upon such person being certified in the like manner to be again of sound mind, may order his removal to any prison or detention barrack in which he might have been confined if he had not become insane, there to undergo the remainder of such punishment.

112. —Any person tried by Court-Martial shall be entitled on demand at any time, in the case of a General Court-Martial within seven years, and in the case of a Local Court-Martial within three years, after the confirmation of the finding and sentence of the Court, to obtain from the officer or person having the custody of the proceedings of such Court, a copy thereof, including the proceedings with respect to revision and confirmation thereof upon payment for the same at the prescribed rate not exceeding three pence for every folio of seventy words and for the purposes of this Section the proceedings of Courts-Martial shall be preserved in the prescribed manner.

Confirmation and Revision of Findings and Sentences.

113. —Subject to the provisions of this Act with respect to an acquittal, the finding and sentence of a Court-Martial shall not be valid except in so far as the same may be confirmed by the authority authorised to confirm the same.

114. —The following authorities shall have power to confirm the finding and sentence of a Court-Martial:—

(a) Where sentence of death has been awarded, the Minister, provided that if the offence for which the sentence was awarded was committed while the accused was not on active service, such sentence shall not be carried into effect unless in addition to confirmation by the Minister it is approved by the Minister for Home Affairs.

(b) In all other cases—

The Adjutant-General or where in the case of a soldier a sentence of detention for a period not exceeding 168 days or any lesser punishment has been awarded by a Local Court-Martial, the Officer having authority to convene such a Court-Martial at the date of the submission of the finding and sentence thereof.

115. —Where an accused has been found guilty upon any charge the confirming authority may—

(1) Direct the re-assembly of the Court for the revision of the finding and sentence or either of them stating the reasons for revision.

(2) Confirm or refuse confirmation either in whole or in part of the original or revised finding or sentence.

(3) Order a new trial of the accused by Court-Martial.

(4) Mitigate the punishment awarded by the sentence or remit or commute the same for any less punishment, or substitute a legal for an illegal sentence.

(5) Suspend execution of the sentence.

116. —Where the finding or sentence is sent back for revision, the Court shall re-assemble in closed Court. They shall receive no further evidence. If they do not adhere to the original finding, they shall record the new finding and where a sentence is involved by such a new finding they shall pass a fresh sentence. If they do adhere to their original finding, they shall record the same afresh. Where sentence alone is sent back for revision, they shall not revise any finding, but shall have power to increase the sentence originally awarded. Each fresh sentence shall be recorded in the prescribed manner.

Execution of Sentence.

117. —(1) Where a person subject to Military law is convicted by Court-Martial and sentenced to penal servitude, such conviction and sentence shall, upon due confirmation in accordance with this Act, have the same force and effect as if such person (hereinafter styled a military convict) had been duly convicted of an offence punishable by penal servitude, and sentenced to penal servitude by a competent Civil Court, and all enactments relating to a person so convicted and sentenced by a Civil Court shall, so far as circumstances permit, apply accordingly.

(2) Where a sentence of penal servitude has been duly confirmed, the military convict upon whom such sentence was passed shall, as soon as practicable be transferred to a penal servitude prison to undergo his sentence according to law. Until so transferred, he shall remain in military custody.

(3) The order of the committing authority (hereinafter in this Section mentioned) shall be a sufficient warrant for the transfer of a military convict to a penal servitude prison.

(4) At any time before the arrival of a military convict at a penal servitude prison, the discharging authority (hereinafter in this Section mentioned) may by Order discharge the prisoner.

(5) Any one or more of the following shall be the committing authority for the purposes of this Section:—

(a) The Minister.

(b) The Adjutant-General.

(c) The Commanding Officer of the military convict.

(d) Any other officer duly authorised.

(6) The discharging authority for the purposes of this Section shall be one of the following:—

(a) The Minister.

(b) The Adjutant-General.

(c) Any other officer duly authorised.

118. —(1) Where a person has been sentenced by Court-Martial to imprisonment, and the sentence has been duly confirmed, the person so sentenced (hereinafter in this Section styled a military prisoner) shall undergo his term of imprisonment, either in military custody or in a detention barrack or in a public prison, or partly in one way and partly in another.

(2) Where a person has been sentenced by Court-Martial to a term of detention and the sentence has been duly confirmed, or where a person has been sentenced to a term of detention by a Commanding Officer or other officer in exercise of summary powers conferred by this Act, every such person (hereinafter in this Section styled a soldier undergoing detention) shall undergo the term of his detention either in military custody or in a barrack detention room, or a detention barrack, or partly in one way and partly in another, but not in a public prison.

(3) The order of the committing authority hereinafter in this Section mentioned, shall be sufficient warrant for the transfer of a military prisoner to a public prison or a detention barrack, or the transfer of a soldier undergoing detention to a detention barrack.

(4) A military prisoner while in a public prison shall be confined, kept to hard labour, and otherwise dealt with in all respects as if he were an ordinary prisoner undergoing a like sentence.

(5) The discharging authority hereinafter in this Section mentioned may, at any time during the term of his imprisonment or detention, discharge a military prisoner or a soldier undergoing detention.

(6) The committing authority may at any time during the term of imprisonment of a military prisoner or the term of detention of a soldier undergoing detention by order provide for:—

(a) His removal from one public prison to another;

(b) His removal from one detention barrack to another;

(c) His being brought before a Court-Martial or a Civil

Court for trial or as a witness;

and an order of such authority shall be sufficient warrant for delivering him into military custody, and detaining him in custody till he can be returned.

(7) The committing authority shall be any one or more of the following:—

(a) The Minister.

(b) The Adjutant-General.

(c) The Commanding Officer of the military prisoner or the soldier undergoing detention.

(d) Any officer duly authorised.

(8) The discharging authority shall be any one of the following:—

(a) The Minister.

(b) The Adjutant-General.

(c) Any other officer duly authorised.

(d) Where the sentence was passed by the Commanding Officer of the soldier undergoing detention, such Commanding Officer.

Inquiry as to and confession of Desertion.

119. —(1) When any soldier has been absent without leave from his duty for a period of twenty-one days, a Court of Inquiry may as soon as practicable be assembled and enquire in the prescribed manner on oath or solemn declaration (which such Court is hereby authorised to administer) respecting the fact of such absence, and the deficiency (if any) in the arms, ammunition, equipments, instruments, regimental necessaries, or clothing of the soldier and if satisfied of the fact of such soldier having absented himself without leave or other sufficient cause, the Court shall declare such absence and the period thereof and the said deficiency (if any) and the Commanding Officer of the absent soldier shall enter in the regimental books a record of the declaration of such Court.

(2) If the absent soldier does not afterwards surrender or is not apprehended, such record shall have the legal effect of a conviction by Court-Martial for desertion.

120. —(1) Where a soldier signs a confession that he has been guilty of desertion or fraudulent enlistment, a competent military authority may, by the order dispensing with his trial by Court-Martial, or by any subsequent order award the same forfeitures and the same deductions from pay (if any) as a Court-Martial could award for the said offence, or as are consequential upon conviction by Court-Martial for the said offence, except such of them as may be mentioned in the order.

(2) If upon any such confession, evidence of the truth or falsehood of such confession cannot then be conveniently obtained, the record of such confession countersigned by the Commanding Officer of the soldier shall be entered in the regimental books, and such soldier shall continue to do duty in the corps to which he may be transferred, until he is discharged or transferred to the Reserve, or until legal proof can be obtained of the truth or falsehood of such confession.

(3) The competent military authority for the purpose of this Section means the Minister or any prescribed general officer.

Restitution of Stolen Property.

121. —(1) Where a person has been convicted by Court-Martial of having stolen, embezzled, received knowing it to be stolen or otherwise unlawfully obtained any property, and the property or any part thereof is found in the possession of the offender, the authority confirming the finding and sentence of such Court-Martial or the Minister, may order the property so found to be restored to the person appearing to be the lawful owner thereof.

(2) A like order may be made with respect to any property found in the possession of such offender which appears to the confirming authority or the Minister to have been obtained by the conversion or exchange of any of the property stolen, embezzled, received or unlawfully obtained.

(3) Moreover where it appears to the confirming authority or the Minister, from the evidence given before the Court-Martial that any part of the property stolen, embezzled, received or unlawfully obtained, was sold to or pawned with any person without any guilty knowledge of the person purchasing or taking in pawn the property, the confirming authority or the Minister may on the application of that person and on the restitution of the said property to the owner thereof, order that out of the money (if any) found in the possession of the offender a sum not exceeding the amount of the proceeds of the said sale or pawning, shall be paid to the said person purchasing or taking in pawn.

(4) An order under this Section shall not bar the right of any person, other than the offender or any one claiming through him, to recover any property or money delivered or paid in pursuance of an order under this Section from the person to whom the same is so delivered or paid.

Redress of Wrongs.

122. —If an officer thinks himself wronged by his Commanding Officer, and on due application made to him, does not receive the redress to which he may consider himself entitled, he may complain in the prescribed manner to the Minister in order to obtain justice, who is hereby required to examine into such complaint.

123. —If any soldier thinks himself wronged in any matter by any officer other than his captain, or by any soldier, he may complain thereof to his captain and if he thinks himself wronged by his captain either in respect of his complaint not being redressed or in respect of any other matter, he may complain thereof to his Commanding Officer, and if he thinks himself wronged by his Commanding Officer either in respect of his complaint not being redressed or in respect of any other matter, he may complain thereof to the prescribed general officer, and every officer to whom a complaint is made in pursuance of the Section, shall cause such complaint to be inquired into and shall if on enquiry he is satisfied of the justice of the complaint so made, take such steps as may be necessary for giving full redress to the complainant in respect of the matter so complained of.

Declaration as to Military Command.

124. —(1) It is hereby declared that the Minister may, in such manner as to him may from time to time seem meet, make regulations as to the persons to be invested as officers or otherwise, with command over the Forces or any part thereof, or any person belonging thereto, and as to the mode in which such command is to be exercised; provided that command shall not be given to any person over a person superior in rank to himself.

(2) Nothing in this Section shall be deemed to be in derogation of any power otherwise vested in the Minister.

Power of Minister to make Rules.

125. —(1) Subject to the provisions of this Act, the Minister may, by rules, from time to time make and when made, repeal, alter or add to, provisions in respect of the following matters or any of them, that is to say:—

(a) The assembly and procedure of Courts of Inquiry.

(b) The convening and constitution of Courts-Martial.

(c) The adjournment, dissolution and sittings of Courts-Martial.

(d) The procedure to be observed in trials by Courts-Martial.

(e) The confirmation and revision of the findings and sentences of Courts-Martial.

(f) The carrying into effect sentences of Courts-Martial.

(g) The forms of orders to be made under the provisions of this Act relating to Courts-Martial, penal servitude, imprisonment or detention.

(h) Any matter in this Chapter of this Part of this Act directed to be prescribed.

(i) Any other matter or thing expedient or necessary for the purpose of carrying this Act into execution so far as relates to the investigation, trial or punishment of offences triable or punishable by military law.

(2) Provided always, that no such rules shall contain anything contrary to or inconsistent with the provisions of this Act.

(3) All rules made in pursuance of this Section shall be judicially noticed.

(4) All rules made in pursuance of this Section shall be laid before each House of the Oireachtas as soon as practicable after they are made, if the Oireachtas be then sitting, and if the Oireachtas be not then sitting, as soon as practicable after the beginning of the then next session of the Oireachtas.

(5) The rules as to the procedure of Courts of Inquiry may provide for evidence being taken on oath, and may empower Courts of Inquiry to administer oaths for that purpose.

(6) The rules as to the investigation of a charge may provide for a written summary of the evidence being taken on oath, and may empower a Commanding Officer or any officer, before whom he directs such summary to be taken, to administer oaths for that purpose.

(7) The Rules Publication Act, 1893, shall not apply to rules made under this Section.