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18 1954


Chapter IX.

Rules of procedure.

Rules of procedure.

240. —(1) The Minister may make rules (in this Act referred to as rules of procedure) in relation to all or any of the following matters, that is to say:—

(a) the assembly and procedure of courts of inquiry and boards;

(b) the steps to be taken to bring a person to trial by court-martial;

(c) the convening and constitution of courts-martial;

(d) the adjournment, dissolution and sittings of courts-martial;

(e) the procedure to be observed in trials by courts-martial;

(f) the confirmation and revision of the findings and sentences of courts-martial;

(g) the carrying into effect of sentences of courts-martial;

(h) the presentation of petitions by or on behalf of persons sentenced by courts-martial;

(i) the forms of orders to be made under the provisions of this Part relating to courts-martial, penal servitude, imprisonment or detention;

(j) any matter or thing referred to in this Part (other than Chapters IV and X) as prescribed;

(k) any other matter or thing expedient or necessary for the purposes of carrying this Act into effect so far as relates to the investigation, trial and punishment of offences triable or punishable by military law.

(2) Rules of procedure shall not contain anything contrary to or inconsistent with this Part.

(3) Rules of procedure shall be judicially noticed.

(4) Rules of procedure may provide for a written summary of evidence being taken on oath and may empower a commanding officer or any other officer before whom he directs such summary to be taken to administer oaths for that purpose.

(5) Rules of procedure in relation to courts of inquiry may provide for evidence being taken on oath and may empower courts of inquiry to administer oaths for that purpose.

(6) Every rule made under this section shall be laid before each House of the Oireachtas as soon as may be after such rule is made and, if a resolution annulling such rule is passed by either House of the Oireachtas within the next subsequent twenty-one days on which that House has sat after such rule is so laid before it, such rule shall be annulled accordingly, but without prejudice to the validity of anything previously done under such rule.