Defence Act 1954

Sommaire

1. Art. 1 Short title and commencement.
2. Art. 2 Interpretation generally.
3. Art. 3 Application of Act to persons subject to military law.
4. Art. 4 Period of emergency.
5. Art. 5 Active service.
6. Art. 6 Employment on State ships.
7. Art. 7 Prosecution of certain offences by the Minister.
8. Art. 8 Provisions in relation to regulations.
9. Art. 9 Repeals.
10. Art. 10 Expenses.
11. Art. 11 The Council of Defence.
12. Art. 12 The Chief of Staff, the Adjutant-General and the Quartermaster-General.
13. Art. 13 Military branches of the Department of Defence.
14. Art. 14 The Inspector-General.
15. Art. 15 The Judge Advocate-General.
16. Art. 16 Authority to raise and maintain the Defence Forces.
17. Art. 17 Military command.
18. Art. 18 Constitution of the Defence Forces.
19. Art. 19 Constitution of the Permanent Defence Force.
20. Art. 20 Constitution of the Reserve Defence Force.
21. Art. 21 Classes of the Reserve Defence Force.
22. Art. 22 Organisation of the Defence Forces.
23. Art. 23 Service corps.
24. Art. 24 Commissioned ranks in the Defence Forces.
25. Art. 25 Non-commissioned ranks in the Defence Forces.
26. Art. 26 General regulations in relation to the Defence Forces.
27. Art. 27 Establishment of educational institutions.
28. Art. 28 Other educational arrangements.
29. Art. 29 Cadetships.
30. Art. 30 Special powers in relation to defence.
31. Art. 31 Right of entry on land.
32. Art. 32 Acquisition of land, etc., by agreement.
33. Art. 33 Compulsory acquisition of land or rights over land.
34. Art. 34 User of land by the Minister.
35. Art. 35 Right of Minister to erect and maintain certain apparatus on land in vicinity of service aerodromes.
36. Art. 36 Restrictions on use of land in vicinity of service aerodromes.
37. Art. 37 Billeting during a period of emergency.
38. Art. 38 Billeting in peace time.
39. Art. 39 Exercise of powers vested in holder of military office.
40. Art. 40 Provisions as to orders of military authorities.
41. Art. 41 Persons eligible to be appointed officers.
42. Art. 42 Appointment of officers, and commissions.
43. Art. 43 Oath to be taken by officers.
44. Art. 44 Assignment of officer of Reserve Defence Force to a particular class of the Reserve Defence Force.
45. Art. 45 Promotion of officers.
46. Art. 46 Placing of officer on half-pay.
47. Art. 47 Retirement of officers of the Permanent Defence Force.
48. Art. 48 Relinquishment of commissions by officers of the Reserve Defence Force.
49. Art. 49 Resignation of officers.
50. Art. 50 Dismissal of officers.
51. Art. 51 Effective dates of appointment, etc., of officers.
52. Art. 52 Notification of appointments, etc., in Iris Oifigiúil.
53. Art. 53 Enlistment in the Permanent Defence Force for service during a fixed period either in the Permanent Defence Force or partly in the Permanent Defence Force and partly in the Reserve Defence Force.
54. Art. 53A Re-enlistment of formerly enlisted persons
55. Art. 54 Enlistment in the Permanent Defence Force for service during a period of emergency.
56. Art. 55 Direct enlistment in the Reserve Defence Force for service during a fixed period.
57. Art. 56 Recruiting regulations.
58. Art. 57 Mode of enlisting recruits.
59. Art. 58 Oath on enlistment.
60. Art. 59 Effect of signing declaration required by attestation paper and complying with section 58.
61. Art. 60 Enlistment for general service and appointment to service corps.
62. Art. 61 Transfer of men of Permanent Defence Force enlisted under section 53 from one service corps to another.
63. Art. 62 Assignment of reservists to a particular class of reservists.
64. Art. 63 Change of conditions of service of men enlisted under section 53.
65. Art. 64 Re-engagement of men of the Permanent Defence Force enlisted under section 53.
66. Art. 65 Continuance in service after 21 years’ service of men of the Permanent Defence Force.
67. Art. 66 Extension of term of original enlistment of reservists enlisted under section 55.
68. Art. 67 Re-engagement of reservists.
69. Art. 68 Continuance in service after 21 years’ service of reservists.
70. Art. 69 Period of desertion or absence without leave to be excluded in reckoning service of man of the Permanent Defence Force.
71. Art. 70 Transfer to the Reserve Defence Force or discharge of men of the Permanent Defence Force enlisted under section 53.
72. Art. 71 Discharge of men of the Permanent Defence Force enlisted under section 54.
73. Art. 72 Discharge of reservists.
74. Art. 73 Discharge of men by direction of Minister or authorised officer.
75. Art. 74 Discharge of reservists in certain public service positions.
76. Art. 75 Discharge by purchase.
77. Art. 76 Discharge of persons under eighteen.
78. Art. 77 Discharge of apprentices.
79. Art. 78 Status of unenlisted person in receipt of pay as a man.
80. Art. 79 Status of persons enlisted or re-engaged where error or illegality in enlistment or re-engagement.
81. Art. 80 Order for discharge of men.
82. Art. 81 Provisions in relation to discharge.
83. Art. 82 Certificate of discharge.
84. Art. 83 Collection and disposal of moneys paid in respect of discharge of men.
85. Art. 84 Promotion of men to higher non-commissioned rank and reduction in rank of non-commissioned officers.
86. Art. 85 Service of members of the Permanent Defence Force.
87. Art. 86 Service of officers of the Reserve Defence Force.
88. Art. 86A Voluntary military service of officer of Reserve Defence Force
89. Art. 87 Calling out of reservists on permanent service.
90. Art. 88 Calling out of certain reservists on permanent service otherwise than under section 87.
91. Art. 89 Service of reservist called out on permanent service.
92. Art. 90 Calling out of reservists in aid of the civil power.
93. Art. 91 Service of reservists called out in aid of the civil power.
94. Art. 91A Voluntary military service of reservist
95. Art. 92 Annual training of reservists.
96. Art. 93 Voluntary training of reservists.
97. Art. 94 Attendance of reservists for inspection.
98. Art. 95 Attachment of reservists called out on permanent service, etc.
99. Art. 95A Attachment of reservist on voluntary military service
100. Art. 96 Service of notices on reservists.
101. Art. 97 Regulations as to pay, allowances and gratuities of members of the Defence Forces.
102. Art. 98 Deductions from pay of man in respect of certain court orders.
103. Art. 99 Deductions from pay of man in respect of maintenance of wife and children.
104. Art. 100 Restrictions on deductions from pay, etc.
105. Art. 101 Withholding of pay in certain cases.
106. Art. 102 Prohibition of assignment of pay, etc.
107. Art. 103 Prohibition of membership of political and secret societies.
108. Art. 104 Disqualification for membership of a local authority.
109. Art. 105 Exemption from jury service.
110. Art. 106 Arms, etc., of members of the Defence Forces to be exempt from seizure.
111. Art. 107 Exemption of men from civil process.
112. Art. 108 Exemption from prosecution, etc., under section 83 of the Public Assistance Act, 1939.
113. Art. 109 Obstruction, etc., of member of Garda Síochána.
114. Art. 110 Non-liability of person convicted or acquitted by court-martial to be re-tried by civil court.
115. Art. 111 Protection of persons acting under this Act.
116. Art. 112 Exemption from duties and tolls.
117. Art. 113 Exemption of members of the Defence Forces from certain provisions of the Road Traffic Act, 1933.
118. Art. 114 Redress of wrongs.
119. Art. 115 Collection and distribution of certain property of deceased members of the Defence Forces.
120. Art. 116 Disposal of personal belongings of deserter, absentee or person of unsound mind.
121. Art. 117 Regulations for purposes of Part IV.
122. Art. 117A Regulations relating to testing for controlled drugs and psychoactive substances.
123. Art. 118 Persons subject to military law as officers.
124. Art. 119 Persons subject to military law as men.
125. Art. 120 Liability to military law in respect of status.
126. Art. 121 Modification of Part V in its application to civilians subject to military law.
127. Art. 122 Place of trial for offences against military law.
128. Art. 123 Time limit for trial of offences.
129. Art. 124 Capital offences by commanders when in action.
130. Art. 125 Capital offences by any person in relation to the enemy.
131. Art. 126 Offences punishable more severely on active service than at other times.
132. Art. 127 Offences related to prisoners of war.
133. Art. 128 Mutiny with violence.
134. Art. 129 Mutiny without violence.
135. Art. 130 Offences related to mutiny.
136. Art. 131 Disobedience to superior officer.
137. Art. 132 Striking or offering violence to a superior officer.
138. Art. 133 Insubordinate behaviour.
139. Art. 134 Disorders.
140. Art. 135 Desertion.
141. Art. 136 Connivance at desertion.
142. Art. 137 Absence without leave.
143. Art. 138 False statement in respect of leave.
144. Art. 139 Scandalous conduct of an officer.
145. Art. 140 Ill-treatment of inferiors.
146. Art. 141 False accusation against officer or man.
147. Art. 142 Prohibition on being under the influence of an intoxicant.
148. Art. 142A Drugs, etc.
149. Art. 143 Malingering or maiming.
150. Art. 144 Dilatory conduct in regard to trials.
151. Art. 145 Negligent or wilful interference with lawful custody.
152. Art. 146 Escape from custody.
153. Art. 147 Obstruction of officer or man carrying out police duties.
154. Art. 148 Obstruction of civil power.
155. Art. 149 Losing, stranding or hazarding State ships.
156. Art. 150 Unauthorised carriage on ships or aircraft.
157. Art. 151 Wrongful acts in relation to aircraft.
158. Art. 152 Inaccurate certificate as regards aircraft.
159. Art. 153 Low flying.
160. Art. 154 Disobedience of orders of captain of aircraft.
161. Art. 155 Fraud by persons in charge of property.
162. Art. 156 Stealing, embezzlement, etc., of property.
163. Art. 157 Destruction, loss or improper disposal of property.
164. Art. 158 Bribery, corruption and fraud.
165. Art. 159 Negligent or furious driving of service vehicles.
166. Art. 160 Unauthorised use of service vehicles.
167. Art. 161 Offences in relation to courts-martial, etc.
168. Art. 162 False evidence.
169. Art. 163 Disturbances, etc., in billets.
170. Art. 164 Fraudulent enlistment.
171. Art. 165 General offences in relation to enlistment.
172. Art. 166 Negligent performance of duties.
173. Art. 167 Offences in relation to documents.
174. Art. 168 Conduct to the prejudice of good order and discipline.
175. Art. 169 Offences punishable by ordinary law.
176. Art. 169A Trial by court-martial of treason and certain murders and attempts.
177. Art. 170 Provost Marshal.
178. Art. 171 Arrest.
179. Art. 172 Placing of person arrested in service custody.
180. Art. 173 Guard report.
181. Art. 174 Court of inquiry on absent man.
182. Art. 175 Acquittal or conviction to be a bar to summary proceedings.
183. Art. 176 Charge to be investigated without delay.
184. Art. 176A Scheduled offences.
185. Art. 177 Charges against officers and other specified persons.
186. Art. 177A Notice.
187. Art. 177B Right to elect for trial by court-martial.
188. Art. 177C Summary disposal by authorised officer.
189. Art. 177D Remand for trial by court-martial.
190. Art. 178 Charges against men.
191. Art. 178A Notice.
192. Art. 178B Right to elect for trial by court-martial.
193. Art. 178C Summary disposal by commanding officer.
194. Art. 178D Remand for trial by court-martial.
195. Art. 178E Appeal to summary court-martial.
196. Art. 178F Hearing of appeal by summary court-martial.
197. Art. 178G Powers of summary court-martial.
198. Art. 179 Charges against privates and seamen.
199. Art. 179A Notice.
200. Art. 179B Right to elect to have charge disposed of summarily by commanding officer.
201. Art. 179C Summary disposal by subordinate officer.
202. Art. 179D Appeal to commanding officer.
203. Art. 179E Hearing of appeals by commanding officer.
204. Art. 179F Suspension of operation of certain punishments pending appeal.
205. Art. 180 Revision of summary awards.
206. Art. 181 Trial of accused without preliminary investigation.
207. Art. 182 Confession of desertion or fraudulent enlistment.
208. Art. 183 Summoning of civilian witnesses before authorised officers and commanding officers.
209. Art. 184 Regulations in relation to investigation and summary disposal of charges.
210. Art. 184A Appointment of Court-Martial Administrator.
211. Art. 184B Functions of Court-Martial Administrator.
212. Art. 184C Appointment of Director of Military Prosecutions.
213. Art. 184D Committee.
214. Art. 184E Terms and conditions of appointment.
215. Art. 184F Appointment of court-martial prosecutor.
216. Art. 184G Prosecution of offences.
217. Art. 184H Removal of Director from office.
218. Art. 184I Steps to be taken before removal of Director.
219. Art. 184J Military judge.
220. Art. 184K Committee.
221. Art. 184L Terms and conditions of appointment.
222. Art. 184LA. 184LA Circuit Judge to perform functions of military judge in certain circumstances.
223. Art. 184M Functions of military judge.
224. Art. 184N Chief Military Judge.
225. Art. 184O Removal of military judge from office.
226. Art. 184P Steps to be taken before removal of military judge.
227. Art. 185 Acquittal or conviction to bar subsequent trial by court-martial.
228. Art. 186 Classes of courts-martial.
229. Art. 187 Convening of courts-martial.
230. Art. 187A Summary court-martial.
231. Art. 188 Special powers of convening authorities.
232. Art. 189 General court-martial.
233. Art. 190 Limited court-martial.
234. Art. 191 Membership of court-martial board.
235. Art. 192 Jurisdiction of courts-martial.
236. Art. 193 Dissolution of courts-martial.
237. Art. 194 Admission to courts-martial.
238. Art. 195 Divers matters of procedure.
239. Art. 196 Counsel at courts-martial.
240. Art. 197 Challenges by accused.
241. Art. 197A Rulings and directions.
242. Art. 198 Courts-martial: findings and sentence.
243. Art. 199 Swearing of court-martial.
244. Art. 200 Evidence to be on oath.
245. Art. 201 Evidence at courts-martial.
246. Art. 202 Mental disorder at time of trial.
247. Art. 203 Mental disorder at time of commission of offence.
248. Art. 203A Diminished responsibility.
249. Art. 203B Appeals (mental disorder at time of trial).
250. Art. 203C Appeals (not guilty by reason of insanity).
251. Art. 203D Appeals (order of committal under section 202 or 203).
252. Art. 204 Finding of acquittal.
253. Art. 205 Conviction for offence other than that charged.
254. Art. 205A Effect of certain offences on persons in respect of whom committed.
255. Art. 206 Effective dates of sentences by courts-martial.
256. Art. 207 Summoning and privilege of witnesses at courts-martial.
257. Art. 208 Contempt of court-martial.
258. Art. 209 Punishments which may be awarded to officers by courts-martial.
259. Art. 210 Punishments which may be awarded to men by courts-martial.
260. Art. 211 Separate sentence for each offence.
261. Art. 211A Restriction on sentence of imprisonment or detention on person who is not represented.
262. Art. 212 Restriction on sentence of imprisonment and detention on person already undergoing imprisonment or detention.
263. Art. 212A Power to suspend sentence.
264. Art. 212B Review of certain sentences.
265. Art. 213 Order for payment of compensation.
266. Art. 213A Payment of fine.
267. Art. 214 Restoration of seniority lost and service forfeited by sentence of a court-martial.
268. Art. 215 Findings and sentences not to be valid unless confirmed.
269. Art. 216 Confirming authorities.
270. Art. 217 Reference of finding and sentence by confirming authority to superior confirming authority.
271. Art. 218 Revision by courts-martial of findings and sentences.
272. Art. 219 Powers of confirming authority as to confirmation.
273. Art. 220 Additional powers of confirming authority in relation to sentences passed by courts-martial.
274. Art. 221 Mitigation, remission, etc., of sentences (other than death sentences) after confirmation.
275. Art. 222 Date of commencement of sentences of penal servitude, imprisonment or detention imposed by way of substitution.
276. Art. 223 Suspension of sentences of penal servitude, imprisonment or detention passed on men.
277. Art. 224 Quashing of finding of court-martial.
278. Art. 225 Orders for restitution.
279. Art. 226 Proceedings of court-martial.
280. Art. 227 Sentence of death.
281. Art. 228 Execution of sentence of penal servitude.
282. Art. 229 Execution of sentence of imprisonment or detention.
283. Art. 230 Suspension of currency of sentence where a person escapes or is released without proper authority.
284. Art. 231 Duty of governor of prison to receive prisoners.
285. Art. 232 Establishment of military prisons and detention barracks.
286. Art. 233 Regulation of military prisons and detention barracks.
287. Art. 234 Assisting prisoners in military prisons and detention barracks to escape.
288. Art. 235 Penalty for carrying spirituous liquor, drugs or tobacco into military prisons or detention barracks.
289. Art. 236 Penalty for carrying letters, etc., into or out of military prisons or detention barracks.
290. Art. 237 Unsoundness of mind of person imprisoned or undergoing detention.
291. Art. 238 Inquests on persons under sentence dying in military prisons or detention barracks.
292. Art. 239 Provisions as to warrants and orders of military authorities under Chapter VIII of Part V.
293. Art. 240 Rules of procedure.
294. Art. 240A Courts-Martial Rules Committee.
295. Art. 240B Court-martial rules.
296. Art. 241 Penalty for member of Reserve Defence Force joining armed forces of another State.
297. Art. 242 Punishment of certain offences by reservists.
298. Art. 243 Non-attendance of reservist called out for training or on permanent service, etc.
299. Art. 244 Record and evidence of absence of reservists called out.
300. Art. 245 Wrongful sale, etc., of equipment by a member of the Reserve Defence Force.
301. Art. 246 Regulations for purposes of Chapter X of Part V.
302. Art. 247 Evidence on subjection to military law of officers of the Reserve Defence Force.
303. Art. 248 Evidence of certain documents and matters.
304. Art. 249 Evidence of conviction or acquittal by a civil court.
305. Art. 250 Evidence of proceedings of court-martial.
306. Art. 251 Apprehension of suspected deserters and absentees.
307. Art. 252 Recruits punishable for false answers.
308. Art. 253 Punishment for pretending to be a deserter or an absentee.
309. Art. 254 Incitement to disaffection, etc.
310. Art. 255 Punishment for inducing, etc., members of the Defence Forces to desert.
311. Art. 256 Penalty for unlawful recruiting or interfering with recruiting.
312. Art. 257 Penalty for interference with military duties, etc.
313. Art. 258 Penalty for personation.
314. Art. 258A Prohibition on use of term “Óglaigh na hÉireann”.
315. Art. 259 Statutory declaration in relation to pay, etc.
316. Art. 260 Penalty for purchasing certain military property.
317. Art. 261 Unlawful possession of certificates of discharge, etc.
318. Art. 262 Forgery of certificate of discharge and personation.
319. Art. 263 Application of Pension Books (Prohibition of Alienation) Act, 1932.
320. Art. 264 Unlawful wearing of uniform.
321. Art. 265 Bringing contempt on uniform.
322. Art. 266 Dyeing and conversion of uniforms, etc.
323. Art. 267 Unauthorised use, etc., of decorations, etc.
324. Art. 268 Penalty for sketching, etc., fortifications, etc., and trespassing thereon.
325. Art. 269 Power to authorise holding of military manœuvres.
326. Art. 270 Powers exercisable for purposes of manœuvres.
327. Art. 271 Compensation for damages caused by military manœuvres.
328. Art. 272 Offences in relation to manoeuvres.
329. Art. 273 Exemption of members of the Defence Forces engaged in manœuvres from section 164 of the Road Traffic Act, 1933.
330. Art. 274 Temporary stoppage of traffic during manœuvres or artillery, etc., practice.
331. Art. 275 Interpretation of Part VIII.
332. Art. 276 Bye-laws as to use of State land appropriated for defence purposes, and for securing the public safety.
333. Art. 277 Extension of power to make bye-laws in respect of non-State land where Minister has right of user for defence purposes.
334. Art. 278 Extension of power to make bye-laws in respect of adjoining fore-shore, sea and tidal water.
335. Art. 279 Bye-laws as to roads.
336. Art. 280 Notice of intention to make bye-laws.
337. Art. 281 Marking of boundaries of bye-law areas.
338. Art. 282 Publication of bye-laws.
339. Art. 283 Penalties for contravention of bye-laws.
340. Art. 284 Removal and arrest of offenders.
341. Art. 285 Removal of animals, etc.
342. Art. 286 Obstruction of and assaults on authorised officers.
343. Art. 287 Non-application of Part VIII to the Curragh of Kildare.
344. Art. 288 The existing nursing service.
345. Art. 289 Establishment of the Army Nursing Service.
346. Art. 290 Application of this Act to the Army Nursing Service.
347. Art. 291 Existing nursing service to be deemed Army Nursing Service.
348. Art. 292 Regulations in relation to the Army Nursing Service.
349. Art. 293 Interpretation of Part X.
350. Art. 294 Existing forces to be deemed forces established under this Act.
351. Art. 295 Existing regular officers and existing reserve officers to be deemed to be commissioned under this Act.
352. Art. 296 Existing regulars.
353. Art. 297 Existing reservists.
354. Art. 298 Continuance of existing orders, etc.
355. Art. 299 Continuance of existing authorisations and directions.
356. Art. 300 Offences and convictions under the Act of 1923.
357. Art. 301 Existing military prisons and detention barracks.
358. Art. 302 Amendment of the Electoral Act, 1923.
359. Art. 303 Application of the Army Pensions Acts, 1923 to 1949, to Reserve Defence Force.
360. Art. 304 Amendment of the Ministers and Secretaries Act, 1924.
361. Art. 305 Amendment of the Military Service Pensions Acts, 1924 to 1949.
362. Art. 306 Amendment of the Defence Forces (Pensions) Act, 1932.
363. Art. 307 Amendment of the Workmen’s Compensation Act, 1934.
364. Art. 308 Amendment of section 11 of the Army Pensions Act, 1949.
365. Art. 309 Adaptation of references to Defence Forces, etc., in certain enactments.
366. Art. 310 Service as a major to be regarded as service as a lieutenant-colonel.
367. Art. 311 Recovery of moneys due or payable to the Minister.
368. Art. 312 Restrictions on recruiting for other States.
369. Art. 313 Entertainments under service direction.
370. Art. 314 Grant of excise licence for military canteens.
371. Art. 315 Right of Minister to claim salvage in respect of services of State ships.
372. Art. 316 Salvage claims by commanders and crews of State ships.
373. Art. 317 Foreign uniforms.
374. Art. 318 Service of solicitors’ apprentices in the existing Defence Forces.
375. Art. 319 Interpretation (Part XIII).
376. Art. 320 Establishment day.
377. Art. 321 Comhlacht Formhaoirsithe Seachtrach Óglaigh na hÉireann.
378. Art. 322 Functions of External Oversight Body.
379. Art. 323 Membership of External Oversight Body.
380. Art. 324 Consultation in respect of certain appointments.
381. Art. 325 Power of External Oversight Body to request information.
382. Art. 326 Terms of appointment and conditions of office of members of External Oversight Body.
383. Art. 327 Removal of member of External Oversight Body.
384. Art. 328 Committees of External Oversight Body.
385. Art. 329 Meetings and business of External Oversight Body.
386. Art. 330 Staff and premises of External Oversight Body.
387. Art. 331 Power of External Oversight Body to enter into contracts and engage consultants and advisers.
388. Art. 332 Strategy statement for External Oversight Body.
389. Art. 333 Annual report of External Oversight Body.
390. Art. 334 Grants paid by Minister to External Oversight Body.
391. Art. 335 Accounts of External Oversight Body.