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18 1954

DEFENCE ACT, 1954

Chapter X.

Miscellaneous Offences by Members of the Reserve Defence Force.

Penalty for member of Reserve Defence Force joining armed forces of another State.

241. —If, within or without the State, any member of the Reserve Defence Force, while not subject to military law, accepts a commission in, or enters into any engagements to serve in, the armed forces of another State, he shall be guilty of a misdemeanour and shall be liable on conviction thereof to imprisonment for a term not exceeding two years.

Punishment of certain offences by reservists.

242. —(1) Where a reservist—

(a) when required by Reserve Defence Force regulations to attend at a particular time and place, fails, without reasonable excuse, to attend at such time and place, or

(b) uses threatening or insulting language or behaves in an insubordinate manner to any officer or non-commissioned officer who, in pursuance of Reserve Defence Force regulations, is acting in the execution of his office and would, if such reservist were subject to military law, be his superior officer, or

(c) in reply to any notice served on him under this Act or Reserve Defence Force regulations sends any communication of an insubordinate kind, or

(d) by any fraudulent means obtains or is accessory to obtaining any pay or other sum contrary to regulations made under section 97, or

(e) fails without reasonable cause to comply with Reserve Defence Force regulations,

such reservist shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds.

(2) Where a reservist commits an offence under this section he may be taken into service custody.

(3) Where a reservist commits in the presence of any officer an offence under this section, such officer may, if he thinks fit, order such reservist, in lieu of being taken into service custody, to be taken into custody by any member of the Garda Síochána.

(4) Where a reservist is required in pursuance of Reserve Defence Force regulations to attend at any place, a certificate purporting to be signed by an officer or person who is mentioned in such certificate as appointed to be present at such place for the purpose of inspecting reservists or for any other purpose connected with the Reserve Defence Force and stating that such reservist failed to attend in accordance with the said requirement, shall, without proof of the signature or appointment of such officer or person, be evidence in any proceedings under this section of such failure.

(5) In this section, the expression “Reserve Defence Force regulations” means regulations made under section 92 or 94.

Non-attendance of reservist called out for training or on permanent service, etc.

243. —(1) When a reservist is called out for training or on permanent service or in aid of the civil power, and such reservist, without leave lawfully granted or such sickness or other reasonable excuse as may be allowed in the prescribed manner, fails to appear at any time and place at which he is required upon such calling out to attend, the following provisions shall have effect, that is to say:—

(a) if he is called out on permanent service or in aid of the civil power, such reservist shall be guilty, according to the circumstances, of desertion or absence without leave;

(b) if he is called out for training, such reservist shall be guilty of absence without leave.

(2) Where a reservist commits, by virtue of this section, the offence of desertion or absence without leave, such reservist shall be liable either—

(a) to be tried by court-martial and convicted and punished accordingly, or

(b) to be tried summarily by the District Court and on conviction by such court to be sentenced to a fine not exceeding twenty-five pounds.

(3) Any offence committed by a reservist which under this section is punishable on conviction by court-martial shall for all purposes of and incidental to the arrest, trial and punishment of the offender, including the summary dealing with his case by his commanding officer, be deemed to be an offence against military law.

(4) A person charged with an offence which under this section is cognisable both by a court-martial and by the District Court shall not be liable to be tried both by a court-martial and the District Court, but may be tried by either of them as may be directed by the prescribed military authority.

(5) The following provisions shall have effect in relation to proceedings against an offender before a court-martial or his commanding officer or the District Court in respect of an offence punishable under this section, that is to say:—

(a) such proceedings may be instituted whether the term of his service in the Reserve Defence Force has or has not expired;

(b) such proceedings may, notwithstanding anything contained in this or any other Act, be instituted within two months after whichever of the following times is the later, that is to say:—

(i) the time at which the offence becomes known to the prescribed military authority, or

(ii) the time at which the offender is arrested.

Record and evidence of absence of reservists called out.

244. —Where—

(a) a reservist, who is called out for training or on permanent service or in aid of the civil power, fails to appear at the time and place at which he is required upon such calling out to attend, and

(b) his absence continues for not less than fourteen days,

an entry of such absence shall be made by the prescribed officer in the prescribed manner in the prescribed service books, and such entry shall be conclusive evidence of the fact of such absence.

Wrongful sale, etc., of equipment by a member of the Reserve Defence Force.

245. —If any person (being a member or former member of the Reserve Defence Force)—

(a) designedly makes away with, or sells, pawns or wrongfully destroys or damages, or negligently loses, any article issued to him as a member of the Reserve Defence Force, or

(b) refuses, on demand made by the Minister or any person acting on behalf of the Minister, to deliver up any such article,

then,—

(i) 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,

(ii) the Court by which he is tried may, whether it convicts him of the offence or not, order him to pay to the Minister the value of the article.

Regulations for purposes of Chapter X of Part V.

246. —The Minister may make regulations in relation to any person, matter or thing referred to in this Chapter as prescribed.