Courts-Martial Appeals Act, 1983

PART II

Courts-Martial Appeal Court

Establishment and constitution of the Courts-Martial Appeal Court.

9.—(1) A Court of Appeal, which shall be called An Chúirt Achomhairc Armchúirteanna (The Courts-Martial Appeal Court) and is referred to in this Act as “the Court”, is hereby established.

(2) For the purpose of hearing and determining any particular appeal cognisable by the Court, the Court shall be summoned in accordance with directions to be given by the Chief Justice, and the Court shall be duly constituted if it consists of not less than three judges—

(a) of whom one shall be either—

(i) the Chief Justice, or

(ii) an ordinary judge of the Supreme Court nominated by the Chief Justice, and

(b) of whom the other two shall be either—

(i) two ordinary judges of the High Court nominated by the Chief Justice, or

(ii) the President of the High Court, if nominated by the Chief Justice and willing to act, and one ordinary judge of the High Court nominated by the Chief Justice,

but any other available judge or judges of the Supreme Court or the High Court may, at the request of the Chief Justice, attend as a member or members of the Court.