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19 1983

COURTS-MARTIAL APPEALS ACT, 1983

PART I

Preliminary and General

Short title.

1. —This Act may be cited as the Courts-Martial Appeals Act, 1983.

Commencement of Part III .

2. Part III of this Act shall come into operation on such day as may be fixed therefor by order of the Minister.

Definitions.

3. —In this Act—

the Act of 1954” means the Defence Act, 1954 ;

the Court” means the Courts-Martial Appeal Court established by section 9 ;

the Minister” means the Minister for Defence.

Expenses.

4. —The expenses incurred by a Minister of the Government in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Amendment of section 202 of Act of 1954.

5. —Section 202 of the Act of 1954 is hereby amended—

(a) by the substitution of the following paragraph for paragraphs (b) and (c) of subsection (1):

“(b) the court-martial shall order that such person be kept in custody in an institution suitable for the detention of such person until such time as he is fit to take his trial or until his release is sooner ordered by the Minister or the High Court, which court shall for that purpose have all the powers which a judge of the Central Criminal Court would have had if the case had been tried before him.”, and

(b) by the substitution of the following subsection for subsection (2):

“(2) A finding under this section shall not require confirmation or be subject to revision.”,

and that section, as so amended, is set out in the Table to this section.

TABLE

202.—(1) Where at the trial by court-martial of a person charged with an offence it appears that such person is by reason of insanity unfit to take his trial, the following provisions shall have effect, that is to say:—

(a) the court-martial shall find specially that fact;

(b) the court-martial shall order that such person be kept in custody in an institution suitable for the detention of such person until such time as he is fit to take his trial or until his release is sooner ordered by the Minister or the High Court, which court shall for that purpose have all the powers which a judge of the Central Criminal Court would have had if the case had been tried before him.

(2) A finding under this section shall not require confirmation or be subject to revision.

Amendment of section 203 of Act of 1954.

6. —Section 203 of the Act of 1954 is hereby amended—

(a) by the substitution of the following paragraph for paragraphs (b) and (c) of subsection (1):

“(b) the court-martial shall order that such person be kept in custody in an institution suitable for the detention of such person until further order of the High Court, which court shall for that purpose have all the powers which a judge of the Central Criminal Court would have had if such person had been tried before him.”, and

(b) by the substitution of the following subsection for subsection (2):

“(2) A finding under this section shall not require confirmation or be subject to revision.”,

and that section, as so amended, is set out in the Table to this section.

TABLE

203.—(1) Where at the trial by court-martial of a person charged with an offence it appears that such person did the act or made the omission charged, but was insane at the time when he did the said act or made the said omission, the following provisions shall have effect, that is to say:—

(a) the court-martial shall find specially that the accused was guilty of the act or omission charged but was insane at the time he did the act or made the omission;

(b) the court-martial shall order that such person be kept in custody in an institution suitable for the detention of such person until further order of the High Court, which court shall for that purpose have all the powers which a judge of the Central Criminal Court would have had if such person had been tried before him.

(2) A finding under this section shall not require confirmation or be subject to revision.

Amendment of section 215 of Act of 1954.

7. —Section 215 of the Act of 1954 is hereby amended by the substitution for “Subject to section 204,” of “Subject to sections 202 to 204,” and that section, as so amended, is set out in the Table to this section.

TABLE

215.—Subject to sections 202 to 204, the finding and sentence of a court-martial shall not be valid except in so far as the same may be confirmed by a confirming authority under this Chapter.

Restriction of section 224 of Act of 1954.

8. —Section 224 of the Act of 1954 (quashing of finding of court-martial) shall not have effect in relation to the finding or sentence of a court-martial against which the person convicted may, by virtue of an order under section 24 of this Act, appeal to the Court.