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SOLR_PROP

Indemnity Act, 1923

Validation and review of sentences of military tribunals.

3.—(1) Every military court or committee or tribunal (in this section called a military tribunal) established since the 27th day of June, 1922, and before the passing of this Act by the Military Authorities of the Provisional Government or the Government of Saorstát Eireann for enquiry into the cases of or for the trial of persons taken prisoner as military captives by the military forces of the Provisional Government or persons charged with offences shall be deemed to be and always to have been a validly established tribunal, and every sentence passed, judgment given, or order made before the passing of this Act by any such military tribunal shall be deemed to be and always to have been valid and to be and always to have been within the lawful jurisdiction of the tribunal.

(2) As soon as may be after the passing of this Act there shall be established by an Executive Minister a Board of Commissioners consisting of not less than two members all of whom shall be persons who at the date of their appointment hold or have held judicial office in Saorstát Eireann as Judge of the Supreme Court of Judicature in Ireland; Recorder or County Court Judge; Judge of the Supreme Court, High Court, or Circuit Court of Saorstát Eireann; or of the late Supreme Court of Dáil Eireann.

(3) The Board of Commissioners established under this section shall have power to review and on such review to confirm or reduce, but not to increase, any sentence of penal servitude or imprisonment imposed by a military tribunal on any person whether such person was or was not at the date of such sentence ordinarily subject to military law.

(4) An Executive Minister shall immediately on the establishment of such Board of Commissioners make rules regulating the procedure of such Board and making provision whereby any person who at the date of the passing of this Act is serving a sentence of imprisonment or of penal servitude imposed by a military tribunal may apply to such Board of Commissioners for the review by such Board of the sentence so imposed on him.