04/01/1924: Indemnity Act, 1923

RULES OF PROCEDURE FOR THE BOARD OF COMMISSIONERS ESTABLISHED BY THE MINISTER FOR DEFENCE UNDER SECTION 3(2).

INDEMNITY ACT, 1923

In exercise of the powers vested in me by Section 3 (4) of the INDEMNITY ACT, 1923 , and of all other powers in this behalf me hereunto enabling, I, RISTÉARD UA MAOLCHATHA, MINISTER FOR DEFENCE, being an EXECUTIVE MINISTER within the meaning of the ACT, do hereby make the rules following, that is to say:—

RULES OF PROCEDURE,

Rule 1.—In the construction of these Rules and the Appendices of Forms thereto, the following expressions shall, where the context so admits, have the meanings respectively assigned to them by this rule, that is to say:

(1) The expression " Act " means the INDEMNITY ACT, 1923 .

(2) The expression " MILITARY TRIBUNAL " means any Military Court or Committee or Tribunal established since the 27th day of June, 1922, and before the passing of the 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.

(3) The expression " MINISTER " means the MINISTER FOR DEFENCE.

(4) The expression " Board of Commissioners " means the BOARD OF COMMISSIONERS established by the Minister for Defence under the ACT.

(5) The expression " Prisoner " means any person who on the 3rd day of August, 1923, was serving a sentence of penal servitude or imprisonment imposed upon him by a Military Tribunal.

Rule 2.—(1) Every prisoner shall, as soon as may be after the publication of these Rules, be informed by the Governor of, or the Officer Commanding, the Gaol, Internment Camp or place, as the case may be, in which the prisoner is serving his sentence, of his right to apply to the BOARD OF COMMISSIONERS for review of his sentence;

(2) Every prisoner shall at the same time be informed that he will be supplied, on request, with the Form of Application for review of sentence prescribed in Appendix A.

Rule 3.—Upon a prisoner requesting to be supplied with the prescribed Form of Application, the same shall be supplied to him forthwith by the Governor of, or the Officer Commanding the Gaol, Internment Camp or Place, as the case may be, in which the prisoner is serving his sentence.

Rule 4.—Upon a prisoner delivering an application for review in the prescribed form to the Governor of, or the Officer Commanding the Gaol, Internment Camp or Place, as the case may be, in which the prisoner is serving his sentence, or to any subordinate or other officer or official upon behalf of such Governor or Officer Commanding, the application shall forthwith be transmitted to the MINISTER.

Rule 5.—Upon receipt of a prisoner's application for review of his sentence, the MINISTER will cause the same to be transmitted without delay to the BOARD OF COMMISSIONERS, together with the complete record of the proceedings of the Military Tribunal which imposed the sentence sought to be reviewed, any confirmation of the finding and sentence thereof, and any other document or writing which he considers relevant thereto.

Rule 6.—Upon receipt of the documents mentioned in the preceding rule, the BOARD OF COMMISSIONERS shall examine the same and may, if they consider such a course necessary or advisable, apply, in the form prescribed in Appendix B, to the MINISTER for further information relative to the case. Upon due examination and consideration of all the information available, the BOARD OF COMMISSIONERS shall review the sentence imposed, and shall determine whether the same should be confirmed or reduced.

Rule 7.—Upon the conclusion of the review of each sentence, the BOARD OF COMMISSIONERS shall make their order thereon in the form specified in Appendix C, and transmit the same to the MINISTER without delay, together with the proceedings of the Military Tribunal in the case and all other documents in their possession relating thereto.

Rule 8.—In the determination of any question by the BOARD OF COMMISSIONERS the opinion of a simple majority of the COMMISSIONERS then present and sitting shall prevail.

Rule 9.—In the event of an equal division of opinion as to the confirmation or reduction of a sentence imposed by a Military Tribunal the sentence shall stand confirmed.

Rule 10.—In the event of an equal division of opinion upon any other matter, the BOARD OF COMMISSIONERS may refer the matter to the MINISTER for a decision.

Rule 11.—The BOARD OF COMMISSIONERS shall exercise their own discretion as to any matter of procedure not provided for by these Rules.

Rule 12.—Non-compliance with any of the foregoing Rules shall not render any application for review of a sentence void, unless the BOARD OF COMMISSIONERS shall so direct, and the application made, notwithstanding any such non-compliance, be dealt with as the BOARD in their discretion shall consider just.

APPENDIX A.

INDEMNITY ACT, 1923 .

Form of Application for Review of Sentences by Board of Commissioners under Section 3 (R.P. 1. (2)).

In the matter of ........................a person undergoing sentence of penal servitude (Imprisonment) imposed by Military Tribunal.

I, the undersigned, a person undergoing a sentence of ..........................at .......................... , imposed by a Military Tribunal, held at.........................on or about the.........................day of .........................................192 , hereby apply to the BOARD OF COMMISSIONERS established under the above-mentioned ACT for a review of my sentence, in accordance with provisions of the INDEMNITY ACT, 1923 .

Dated this .................................. day of ............................192.

Signature of Applicant,

...........................................................

To the Board of Commissioners

( Indemnity Act, 1923 ),

per the MINISTER FOR DEFENCE,

APPENDIX B.

INDEMNITY ACT, 1923 .

Form of Application by Board of Commissioners for further information (R.P. 5).

In the matter of......................................a person undergoing sentence of penal servitude (imprisonment) imposed by a Military Tribunal.

To enable us to review the sentence imposed upon the person above-mentioned, we apply hereby for the further information required by the questions herein set out as follows:—

(Here set out the necessary questions numbered seriatim.)

The following documents have already been supplied to us:—

Dated this ........................... day of ...................192.

Signed ..................................

..................................

Commissioners.

To the MINISTER FOR DEFENCE.

APPENDIX C.

INDEMNITY ACT, 1923 .

Order of the Board of Commissioners upon Review of a Sentence imposed by a Military Tribunal (R.P. 6).

In the matter of .......................................... a person serving a sentence of penal servitude (imprisonment) imposed by a Military Tribunal.

Upon review, this................................day of..................................192   , of the sentence of ..................................... imposed on the above-named ........................................by a Military Tribunal, at.....................................on the ................... day of ........................................ 192 , and upon reading the application of the said ................................ for such review, and the documents mentioned in the Schedule hereto, We hereby Order as follows:—

That the said sentence of ............................................................ ....................... be.........................................................

Dated this ...................... day of .................................. 192.

Signed.................................

................................................

Commissioners.

SCHEDULE.

Signed this 4th day of January, 1924, at the MINISTRY

OF DEFENCE, DUBLIN.

RISTÉARD UA MAOLCATHA.

Minister for Defence.

Member of the Executive Council.