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Defence Forces Courts-Martial

Dáil Éireann Debate, Tuesday - 11 July 2017

Tuesday, 11 July 2017

Questions (42)

Brendan Ryan

Question:

42. Deputy Brendan Ryan asked the Taoiseach and Minister for Defence the number of military trials that were held within the past two years; the number of these trials that were subject to judicial review and or appeal; and if he will make a statement on the matter. [32482/17]

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Written answers

The Defence Act 1954, as amended, provides that members of the Defence Forces are liable to military law. The military law system reflects that of the criminal law system of the State in that it has its own prosecutor, military judge, courts martial system and administrator. These appointees are independent in the performance of their functions and I have no role to play in relation to military trials. The Court of Appeal Act 2014 established the Court of Appeal and gave that Court jurisdiction to hear appeals from all classes of Courts Martial. An appeal can be against conviction or sentence or both.

The military authorities inform me that between 1st January 2015 and 31st December 2016 there were a total of 17 courts martial concluded from which there were two appeals. In addition four of the Courts Martial was subject to judicial review.

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