Vol. 494 No. 3
120 Mr. Ring asked the Minister for Defence the number of courts-martial convened in each of the years from 1996 to date in 1998; the number of persons before these courts; the outcome in this regard; and his views on the need for change in disciplinary procedures within the Defence Forces. [9038/98]
Part of the reply is in the form of a tabular statement which I propose to circulate in the Official Report. Discipline in the Defence Forces is governed by the provisions of Part V of the Defence Act 1954, as amended and regulations and rules made thereunder. Military law provides for the summary treatment of minor offences and for trial by court martial in relation to serious offences. Obedience to orders is an integral part of military life. Therefore disobedience to orders is regarded as a serious offence.
A court martial is a court of law. Its procedures are not unlike those followed in the civil courts. A person tried by court martial can be represented by an officer of the Defence Forces, or by a civilian solicitor or barrister-at-law. A right of appeal lies to the Courts-Martial Appeal Court, which is composed of one Supreme Court judge and two High Court judges. The Appeal Court has power to affirm or reverse the conviction in whole or in part and to remit, reduce or increase the sentence. There is also provision for petitioning against sentence to the Adjutant-General of the Defence Forces and to the Minister for Defence. I do not consider that any legislative change is required to the court martial system as operated currently.
Statement.
|
Courts Martial |
1996 |
1997 |
1998 (to 28 Sept.) |
|
|
1 |
Number of courts martial |
18 |
11 |
7 |
|
2 |
Number of personnel before the courts |
19 |
11 |
7 |
|
3 |
Outcome of proceedings: |
|||
|
Convictions |
16 |
10 |
7 |
|
|
Nolle Prosequi |
2 |
– |
– |
|
|
Acquittals |
1 |
– |
||
|
Adjournments |
– |
1 |
– |
