Defence Forces (Temporary Provisions) Act, 1923

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Number 30.


DEFENCE FORCES (TEMPORARY PROVISIONS) ACT, 1923.


ARRANGEMENT OF SECTIONS

Section

1.

Short Title and Duration of Act.

2.

Definition of expression “on active service”.

3.

Definitions.

PART I

CHAPTER I

Establishment of Defence Forces

4.

Raising and number of Defence Forces.

5.

Control of Forces.

CHAPTER II

Organisation of the Forces

6.

Personnel of Forces.

7.

General Organisation of Forces.

CHAPTER III

Administration

8.

Commissioned ranks in the Forces.

9.

Non-commissioned ranks in the Forces.

10.

Granting of Commissions.

11.

Power to dismiss or dispense with services of any member of the Forces.

12.

Power to establish Military Districts.

13.

Power to establish Head quarters, etc., Staffs.

14.

Officers in executive command.

15.

Officers holding commissions during pleasure.

16.

Appointment from ranks to commissioned ranks.

17.

Resignation of officers.

18.

Appointment of officers.

19.

Appointment of officers pending completion of period of five years, after the establishment of a Military College.

20.

Half-pay and unattached list.

21.

Engagement and service in the Forces.

22.

Date of Establishment.

CHAPTER IV

Military Education

23.

Military College.

24.

Classes of Instruction.

25.

Officers and non-commissioned officers to be instructed in giving commands in each of official languages of the State.

CHAPTER V

Service in Time of War

26.

Liability of members of Forces to be employed on active service.

27.

Military Command in time of war.

28.

Discharge on service.

CHAPTER VI

Special Powers in Relation to Defence

29.

General Powers of Minister with consent of Executive Council.

30.

Manoeuvres and training.

CHAPTER VII

Power to make Regulations

31.

Regulations.

PART II

CHAPTER I

Discipline

32.

Offences in relation to the enemy punishable with death.

33.

Offences in relation to the enemy not punishable with death.

34.

Offences punishable more severely on active service than at other times.

35.

Disclosing information.

36.

Mutiny and sedition.

37.

Striking or threatening a superior officer.

38.

Disobedience to superior officer.

39.

Insubordination.

40.

Breaking quarters.

41.

Neglect to obey orders.

42.

Desertion.

43.

Connivance at desertion.

44.

Fraudulent enlistment.

45.

Absence without leave.

46.

Scandalous conduct of an officer.

47.

Fraud by persons in charge of moneys or goods.

48.

Malingering or inducing injury. Disgraceful conduct.

49.

Drunkenness.

50.

Permitting escape of prisoners.

51.

Irregular arrest or confinement Escaping.

52.

Offences in relation to property.

53.

Falsifying official documents and false declarations.

54.

False accusation.

55.

False accusation or false statement.

56.

Offences in relation to Courts-Martial.

57.

False evidence.

58.

Offences in relation to billeting.

59.

Offences in relation to impressment of carriages and their attendants.

60.

Travelling without ticket, etc.

61.

Offences in relation to enlistment.

62.

General offences in relation to enlistment.

63.

Ill-treating a soldier.

64.

Ill-treating a person in military custody.

65.

Withholding pay.

66.

Wounding through negligence. Offences in relation to firearms.

67.

Refusal to hand over offender to Civil authority.

68.

Conduct to the prejudice of good order and military discipline.

69.

Offences punishable by ordinary law of Saorstát Éireann.

70.

Scales of punishments which may be awarded by Courts-Martial.

71.

Effect of certain sentences.

72.

Permitted combination of punishments.

73.

Restrictions on sentences.

74.

Power to place offender in arrest.

75.

General as to arrest.

76.

Guard Report.

77.

Charge to be investigated without delay.

78.

Charges against an officer below the rank of Commandant which may be summarily dealt with.

79.

Punishments which may be summarily awarded to an officer below the rank of Commandant.

80.

Charges against a soldier which may be summarily dealt with.

81.

Punishments which may be summarily awarded to a non-commissioned officer.

82.

Punishments which may be summarily awarded to a private soldier by a Commanding Officer.

83.

Punishments which may be summarily awarded to a private soldier by a Company Commander.

84.

Investigation of a charge against an officer.

85.

Investigation of a charge against a non-commissioned officer.

86.

Investigation of a charge against a private soldier.

87.

Procedure on investigation of a charge against an officer, non-commissioned officer or private soldier.

88.

Acquittal or conviction by Civil Court or Court-Martial to be a bar to summary proceedings.

89.

Restriction on jurisdiction of Courts-Martial.

90.

Classes of Courts-Martial.

91.

General Courts-Martial.

92.

Local Courts-Martial.

93.

Disqualifications for membership of Courts-Martial.

94.

Challenges by accused.

95.

Swearing of Court.

96.

Plea in bar.

97.

Evidence to be on oath.

98.

Right of accused and his wife to give evidence.

99.

Rules of evidence to be the same as in Civil Courts.

100.

Finding.

101.

Conviction of offence other than offence charged with.

102.

Voting generally.

103.

Death Sentence.

104.

Sentences generally.

105.

Procedure generally.

106.

Right of Prosecutor and accused to be represented by a legal advisor.

107.

Position of legal adviser at Courts-Martial.

108.

Summoning and privilege of witnesses at Courts-Martial.

109.

Misconduct of civilian witness at Court-Martial.

110.

Insanity of accused at trial. Finding in case of insanity of accused at time of commission of offence.

111.

Insanity of person imprisoned or undergoing detention.

112.

Right of person tried to copy of proceedings.

113.

Finding and sentence not to be valid unless confirmed.

114.

Confirming authorities.

115.

Powers of confirming authority.

116.

Procedure where finding or sentence sent back for revision.

117.

Execution of sentence of penal servitude.

118.

Execution of sentence of imprisonment or detention.

119.

Inquiry by Court on absence of a soldier.

120.

Confession by soldier of desertion or fraudulent enlistment.

121.

Power as to restitution of stolen property.

122.

Mode of complaint by officer.

123.

Mode of complaint by soldier.

124.

Military command.

125.

Power to Minister to make rules of procedure.

CHAPTER II

Pay

126.

Authorised deductions from pay only to be made.

127.

Automatic forfeiture of pay of officers.

128.

Automatic forfeiture of pay of soldiers.

129.

Definition of expression “Day”.

130.

Deductions from ordinary pay of officers which may be made.

131.

Deductions from ordinary pay of soldiers which may be made.

132.

How automatic forfeiture of and deductions from ordinary pay may be remitted.

133.

Supplemental as to deductions from ordinary pay.

134.

Prohibition of assignment of pay, etc.

135.

Punishment of false oath and personation.

CHAPTER III

Prisons and Detention Barracks

136.

Duty of Governor of prison to receive prisoners, deserters and absentees without leave.

137.

Establishment and regulation of military prisons.

138.

Classification of prisoners.

CHAPTER IV

Exemptions of Officers and Soldiers

139.

Exemptions of officers and soldiers from tolls.

140.

Exemption of soldiers in respect of civil process.

141.

Liability of soldier to maintain wife and children.

142.

Officers not to be sheriffs or mayors.

143.

Exemption from jury.

CHAPTER V

Enlistment

144.

Limit of original enlistment.

145.

Terms of original enlistment.

146.

Change of conditions of service.

147.

Reckoning of service.

148.

Mode of enlistment and attestation.

149.

Power of recruit to purchase discharge.

150.

Enlistment for general service and appointment to corps.

151.

Effect of appointment to a corps and provision for transfers.

152.

Re-engagement of soldier.

153.

Continuance in service after 21 years' service.

154.

Re-engagement and continuance of service of non-commissioned officers.

155.

Prolongation of service in certain cases.

156.

In imminent national danger the Executive Council may continue soldiers in army service or call out the Reserve on permanent service.

157.

Discharge or transfer to Reserve.

158.

Delivery of lunatic soldier on discharge with his wife or child at workhouse or of dangerous lunatic at asylum.

159.

Regulations as to discharge of soldiers.

160.

Regulations as to persons to enlist and enlistment of soldiers.

161.

Claims of masters to apprentices.

162.

Penalty for unlawful recruiting.

163.

Recruits punishable for false answers.

164.

Validity of attestation and enlistment or re-engagement.

165.

Definition for purposes of Part II. Chapter V. of prescribed military authority.

CHAPTER VI

Billeting and Impressment of Carriages Billeting of Officers, Soldiers and Horses

166.

No billeting save as authorised by this Act.

167.

Obligation of constable to provide billets.

168.

Liability to provide billets.

169.

Officers, soldiers and horses entitled to be billeted.

170.

Accommodation and payment on billet.

171.

Annual list of keepers of victualling houses liable to billets.

172.

Regulations as to grant of billets.

173.

Billeting in case of emergency.

174.

Offences by constables.

175.

Offences by keepers of victualling houses.

176.

Offences by officers or soldiers.

177.

Supply of carriages, etc. for regimental baggage and stores on the march.

178.

Payment and regulations as to carriages, etc.

179.

Annual list of persons liable to supply carriages and animals.

180.

Impressment of carriages, etc., in cases of emergency.

181.

Offences by constables.

182.

Offences by persons ordered to furnish carriages, animals, vessels, etc.

183.

Offences by officers or soldiers.

184.

Application to Court of Summary Jurisdiction respecting sums due to keepers of victualling houses or owners of carriages, etc.

185.

Provisions as to constables, police authorities and peace commissioners.

186.

Fraudulent claim for carriages, animals, etc.

CHAPTER VII

Legal Penalties in Matters respecting the Forces

187.

Punishment for pretending to be a deserter.

188.

Punishment for inducing officers or soldiers to desert or absent themselves without leave.

189.

Penalty for interference with military duties, etc.

190.

Apprehension of deserters.

191.

Penalty on trafficking in commissions.

192.

Penalty on purchasing from soldiers regimental necessaries, equipment, stores, etc., and for unlawful possession of military certificates, etc.

193.

Unauthorised use of decorations, etc.

CHAPTER VIII

Jurisdiction

194.

Liability to military law in respect of status.

195.

Adjustment of military and civil law.

CHAPTER IX

Evidence

196.

Certain matters and documents to be evidence.

197.

Evidence of conviction or civil acquittal.

198.

Evidence of conviction by Court-Martial.

CHAPTER X

Summary and Other Legal Proceedings

199.

Prosecution of offences and recovery and application of fines.

200.

Protection of persons acting under this Act.

CHAPTER XI

Miscellaneous

201.

Exercise of powers vested in holder of military office.

202.

Provisions as to warrants and orders of military authorities.

203.

Furlough in case of sickness.

204.

Licences of canteens.

205.

Use of recreation rooms without licence.

206.

Conveyance of the Forces by railway.

207.

Sanction of Finance Minister necessary for regulations.

CHAPTER XII

Application of Military Law

208.

Persons subject to military law as officers.

209.

Persons subject to military law as soldiers.

PART III

The Reserve

210.

Raising and number of Reserve.

211.

Control of the Reserve.

212.

Personnel of the Reserve.

213.

Composition of Reserve of Officers.

214.

Composition of Reserve of Men.

215.

General organisation of the Reserve.

216.

Orders and regulations as to the Reserve.

217.

Date of establishment of the Reserve.

218.

Calling out the Reserve in aid of the civil power.

219.

Punishment of certain offences by Reserve men.

220.

Training of Reserve men.

221.

Calling out the Reserve on permanent service.

222.

Assembly of both Houses of the Oireachtas when the Reserve is ordered to be called out on permanent service.

223.

Service of Reserve men called out.

224.

Punishment for non-attendance for annual training or permanent service, etc.

225.

Supplemental provisions as to deserters and absentees.

226.

Punishment for inducing Reserve man to desert or absent himself.

227.

Record of illegal absence of Reserve man.

228.

Exercise of powers vested in holder of military office.

229.

Application to the Reserve of enactments respecting exemption from tolls and conveyance of the Forces.

230.

Notices.

231.

Trial of offences.

232.

Provisions as to offences.

233.

Evidence.

PART IV

Transitory Provisions

234.

Duration of this Part of Act.

235.

National Forces as at present constituted to be armed forces mentioned in Article 46 of the Constitution.

236.

Provisions as to command-in-chief and administrative and executive powers.

237.

General organisation of the National Forces.

238.

Orders and regulations now in force to have effect.

239.

Liability of soldiers now serving in National Forces.

240.

Officers.

241.

Power to dismiss officer or soldier.

242.

Application of Part II. of Act.

243.

Application of Section 2 of Act.

244.

Provision as regards Article 71 of the Constitution.

245.

Power to make Regulations.

246.

Definitions.

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

FOURTH SCHEDULE

FIFTH SCHEDULE

SIXTH SCHEDULE

SEVENTH SCHEDULE

EIGHTH SCHEDULE

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Number 30.


DEFENCE FORCES (TEMPORARY PROVISIONS) ACT, 1923.


AN ACT TO MAKE TEMPORARY PROVISIONS IN RELATION TO THE DEFENCE OF SAORST?T EIREANN AND OTHER MATTERS INCIDENTAL THERETO. [3rd August, 1923.]

WHEREAS it is provided by Article 46 of the Constitution that the Oireachtas has the exclusive right to regulate the raising and maintaining of such armed forces as are therein referred to, and that every such armed force shall be subject to the control of the Oireachtas:

AND WHEREAS it is provided by Article 70 of the Constitution that no one shall be tried save in due course of law and extraordinary Courts shall not be established, save only such military tribunals as may be authorised by law for dealing with military offenders against military law:

AND WHEREAS it is provided by Article 71 of the Constitution that a member of the armed forces of Saorstát Eireann not on active service shall not be tried by any court-martial or other military tribunal for an offence cognisable by the Civil Courts, unless such offence shall have been brought expressly within the jurisdiction of Courts-Martial or other Military Tribunal by any code of laws or regulations for the enforcement of military discipline which might be thereafter approved by the Oireachtas:

AND WHEREAS it is a matter of urgent necessity to provide a code of laws and regulations for the enforcement of military discipline in the existing armed forces of Saorstát Eireann and such other armed forces as may be raised under this Act:

BE IT THEREFORE ENACTED BY THE OIREACHTAS OF SAORST?T EIREANN AS FOLLOWS:—

Preliminary.