S.I. No. 297/1954 - Defence Forces (Summoning of Civilian Witnesses) Regulations, 1954.

S.I. No. 297 of 1954.

DEFENCE FORCES (SUMMONING OF CIVILIAN WITNESSES) REGULATIONS, 1954.

I, SEÁN MacEOIN, Minister for Defence, in exercise of the powers conferred on me by sections 183 and 184 of the Defence Act, 1954 (No. 18 of 1954), and with the consent of the Minister for Finance, testified by his official seal affixed hereto, do hereby make the following regulations.

1.—(1) These regulations may be cited as the Defence Forces (Summoning of Civilian Witnesses) Regulations, 1954.

(2) These regulations shall come into operation on the 1st day of January, 1955.

2. Where a person not subject to military law is required to give evidence before an authorised officer or a commanding officer investigating a charge under Chapter IV of Part V of the Act, such person shall be summoned or ordered to attend by summons under the hand of that officer.

3. The summons shall be in the form prescribed in Appendix " A " to these regulations and it shall be served on the witness either personally or by leaving it with some person over sixteen years of age at his last known or most usual place of abode.

4. The reasonable expenses of the witness's attendance shall be paid or tendered to him with the service of the summons by the person effecting such service.

5. Immediately upon service of the summons the person effecting service shall complete a certificate of such service. The certificate shall be in the form prescribed in Appendix " B " to these regulations and may be endorsed upon, or attached to, a copy of the summons. The certificate, together with the copy of the summons, shall be returned to the officer under whose hand the original summons was given.

APPENDIX " A "

FORM OF WITNESS SUMMONS.

To (name) ............................................................ ............................................................ ..................................................

(address) ............................................................ ............................................................ ...................................

Whereas an investigation, under Chapter IV of Part V of the Defence Act, 1954 , of a charge against (number, rank and name)

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

will be held at (place)............................................................ ............................................................ ...............................

on the...............day of.............................. 19......at.........o'clock............

(forenoon or afternoon)

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

I do hereby summon and require you

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

to attend as a witness at the said investigation at the place, on the date and at the hour, above-mentioned and so to attend until you shall be duly discharged

Whereof you shall fail at your peril.

Given under my hand at (place)............................................................ ............................................................ ........

on this...............day of.............................., 19.......

Signature and Rank...............................................

Authorised Officer or Commanding Officer.

Note : Section 183 of the Defence Act, 1954 , enacts as follows :—

" 183.—(1) Every person not subject to military law required to give evidence before an authorised officer or a commanding officer investigating a charge under this Chapter may be summoned or ordered in the prescribed manner to attend as a witness before the authorised officer or the commanding officer.

(2) If any person not subject to military law on being duly summoned or ordered to attend as a witness before an authorised officer or a commanding officer and after payment or tender of the reasonable expenses of his attendance makes default in attending, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds."

APPENDIX " B. "

FORM OF CERTIFICATE OF SERVICE.

I hereby certify that I served (name) ............................................................ ............................................................ .

of (address) ............................................................ ............................................................ ...............................................

at (place)............................................................ ...on the...............day of............................................................ ............

19......at.........(a.m.) (p.m.) with a summons requiring him to attend as a witness at an investigation under Chapter IV of Part V of the Defence Act 1954 , of a charge at (place)............................................................ ............................................................ ..............................................where

investigation of............................is to be held on the...............day of.........................................................., 19......at.........(a.m.) (p.m.) by leaving the original summons (with him personally) (with (name of person if known))............................................................ ......................at the last known or more usual place of abode of him the said (name of witness)....................................

AND I FURTHER CERTIFY that at the same time and place I left with (or tendered to) the said............................................................ ............................................................ ...........................................................

the sum of £......... for and as the reasonable expenses of his attendance at the above mentioned investigation.

Signed this...............day of.............................., 19.......

Name and Rank............................................................ .

Appointment............................................................ .....

GIVEN under my Official Seal, this 23rd day of December, 1954.

SEAN MacEOIN,

Minister for Defence.

I consent to the foregoing Regulations.

GIVEN under my Official Seal, this 31st day of December, 1954.

GERARD SWEETMAN,

Minister for Finance.