S.I. No. 203/1983 - Rules For Military Prisons and Detention Barracks, 1983.

S.I. No. 203 of 1983.

RULES FOR MILITARY PRISONS AND DETENTION BARRACKS, 1983.

I, PATRICK COONEY, Minister for Defence, in exercise of the powers conferred on me by section 233 of the Defence Act, 1954 (No. 18 of 1954), hereby make the following rules:

1. (1) These Rules may be cited as the Rules for Military Prisons and Detention Barracks, 1983.

(2) The Rules for Military Prisons and Detention Barracks, 1954 ( S.I. No. 291 of 1954 ), and these Rules may be cited together as the Rules for Military Prisons and Detention Barracks, 1954 and 1983.

2. The Rules for Military Prisons and Detention Barracks, 1954, are hereby amended by—

( a ) the addition to Rule 16 of "or the Courts-Martial Appeals Act, 1983 (No. 19 of 1983)";

( b ) the substitution of the following subparagraphs for subparagraphs (i) and (ii) of Rule 18 (d):

"(i) shall, on commitment of a man under sentence passed by a court-martial, inform him of his rights to appeal under section 13 of the Courts-Martial Appeals Act, 1983 , and to petition against such sentence and also that he may, if he so wishes, apply for legal aid and shall, if requested by such man, leave with him a copy of the form set out in Appendix VIII of the Rules of Procedure;

(ii) shall afford reasonable facilities to such man to consult with any counsel or solicitor or defending officer in the preparation of his appeal or petition in the sight but not in the hearing of a member of the staff;";

( c ) the substitution of the following subparagraph for subparagraph (i) of Rule 18 (f):

"(i) his defence, or, in case he is under sentence passed by, or deemed under section 20 (1) of the Courts-Martial Appeals Act, 1983 , to be of, a court-martial, any appeal under the said Act or his petition against sentence (for which purpose official stationery and postage will be permitted), or";

and the said Rule 16, as so amended, is set out in the Table to this Rule.

TABLE.

16. The Governor shall receive and confine, until discharged or delivered over in due course of law, all men sent to be kept in his military prison or detention barrack pursuant to the Act or the Courts-Martial Appeals Act, 1983 (No. 19 of 1983).

GIVEN under my Official Seal, this 15th day of July, 1983.

PATRICK COONEY.

EXPLANATORY NOTE.

These Rules provide that an accused person shall, in certain circumstances, be informed that he may apply for free legal aid. They also provide for the abolition of petitions against the findings of courts-martial; for new arrangements in regard to findings of insanity, and for the fixing of the effective date of certain sentences.