Defence (Amendment) Act 2011
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President of Circuit Court to temporarily designate Circuit Judge to perform functions of military judge in certain circumstances. |
8.— The Courts of Justice Act 1947 is amended by inserting the following section after section 11: | |
“President of Circuit Court to temporarily designate Circuit Judge to perform functions of military judge in certain circumstances. | ||
11A.— (1) The President of the Circuit Court, may, following a request from the Minister for Defence under section 184LA of the Act of 1954, temporarily designate one, or more than one,Circuit Judge (whether such Circuit Judge is permanently, or temporarily, assigned to a circuit), with the consent of that Circuit Judge, to perform the functions of a military judge and ‘temporarily designated’ shall be construed accordingly. | ||
(2) A Circuit Judge who is permanently assigned to a circuit (in this section referred to as a ‘permanently assigned Circuit Judge’) may be temporarily designated under this section to perform the functions of a military judge and where such permanently assigned Circuit Judge is temporarily designated under this section, that temporary designation shall not terminate or affect that permanent assignment to a circuit or deprive or relieve that permanently assigned Circuit Judge of any of the privileges, powers and duties vested in or imposed on him or her by virtue of such permanent assignment to a circuit. | ||
(3) Where a Circuit Judge, whether he or she is a permanently assigned Circuit Judge or is temporarily assigned to a circuit, is temporarily designated under this section and a military judge— | ||
(a) has, at the time of such temporary designation, been appointed under section 184J(1) of the Act of 1954, and such appointment continues during the period of such temporary designation, that Circuit Judge shall, while so temporarily designated have, in relation to the functions of a military judge, concurrently with that military judge, all the privileges, powers and duties for the time being conferred or imposed by law, on that military judge, or | ||
(b) has not been appointed under section 184J(1) of the Act of 1954, that Circuit Judge shall have, in relation to the functions of a military judge while so temporarily designated, all the privileges, powers and duties as would for the time being be conferred or imposed by law as if that Circuit Judge were a military judge appointed under section 184J(1) of the Act of 1954. | ||
(4) Without prejudice to subsection (3), where more than one Circuit Judge is temporarily designated under this section at the same time, whether he or she is a permanently assigned Circuit Judge or is temporarily assigned to a circuit, each such Circuit Judge shall have concurrently, with such other Circuit Judge so temporarily designated under this section to carry out the functions of a military judge, all the privileges, powers and duties for the time being conferred or imposed by law on a military judge. | ||
(5) The President of the Circuit Court may at any time terminate a temporary designation made under this section. | ||
(6) In this section— | ||
‘Act of 1954’ means the Defence Act 1954 ; | ||
‘functions of a military judge’ means the functions of a military judge under— | ||
(a) the Act of 1954 and any instrument made under that Act and under section 8 of the Defence (Amendment) Act 1987 and such functions shall be construed in accordance with section 184LA of that Act, and | ||
(b) the Courts-Martial Appeals Act 1983 and any instrument made under that Act and such functions shall be construed in accordance with section 3A of that Act.”. |