Defence (Amendment) Act 2011
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Circuit Judge to perform functions of military judge in certain circumstances. |
7.— The Principal Act is amended by inserting the following section after section 184L: | |
“Circuit Judge to perform functions of military judge in certain circumstances. | ||
184LA.— (1) The Minister may, having consulted with the Minister for Justice and Equality, request the President of the Circuit Court to temporarily designate, under section 11A of the Act of 1947, one, or more than one, Circuit Judge to perform the functions of a military judge in all or any of the following circumstances: | ||
(a) where there is a vacancy for the position of military judge and no person has been appointed, under section 184J(1), as military judge; | ||
(b) where a military judge, appointed under section 184J(1), is ill, absent or otherwise unable to carry out his or her functions; | ||
(c) where a military judge appointed under section 184J cannot properly deal with any matter before him or her by reason of the fact that he or she has a personal interest in the matter or personal knowledge of the facts or the parties as might prejudice the hearing and determination of the matter; | ||
(d) without prejudice to paragraphs (a) to (c), any other circumstance in respect of which the Minister is satisfied that such temporary designation is necessary or appropriate. | ||
(2) Where a Circuit Judge has been temporarily designated under section 11A of the Act of 1947 pursuant to a request under this section, sections 184J, 184K, 184L, 184N, 184O and 184P shall not apply to such Circuit Judge. | ||
(3) Where a Circuit Judge has been temporarily designated under section 11A of the Act of 1947 pursuant to a request under this section, notwithstanding the definition of military judge in section 2, references in this Act, or any instrument made under it, to a military judge in relation to the carrying out of the functions of a military judge shall be construed in accordance with such temporary designation of such Circuit Judge and nothing in this Act, or any statutory instrument made under it, shall be construed as preventing such Circuit Judge from carrying out such functions of a military judge. | ||
(4) For the purposes of this Act, without prejudice to the generality of subsection (1), references to functions of a military judge includes the judicial functions referred to in section 240(1)(r), if any, as may be provided for in rules of procedure made under that section. | ||
(5) In this section, ‘functions of a military judge’ means— | ||
(a) the functions of a military judge under this Act and any instrument made under it, and under section 8 of the Defence (Amendment) Act 1987 , and | ||
(b) the functions of a military judge under the Courts-Martial Appeals Act 1983 and any instrument made under that Act; | ||
(6) In this Act— | ||
‘Circuit Judge’ has the meaning assigned to it by the Act of 1947; | ||
‘President of the Circuit Court’ shall be construed in accordance with section 9 of the Act of 1947.”. |