S.I. No. 581/2011 - Rules of Procedure (Defence Forces) 2011.

1. (1) These Rules may be cited as the Rules of Procedure (Defence Forces) 2011.

(2) The Rules of Procedure (Defence Forces) 2008 (

S.I. No. 204 of 2008

) and these Rules may be cited together as the Rules of Procedure (Defence Forces) 2008 and 2011.

2. The Second Schedule to the Rules of Procedure (Defence Forces) 2008 is amended by substituting the following for Form 16

“Form 16

Register Number

DEFENCE ACT 1954, Section 212A(12)

RULES OF PROCEDURE (DEFENCE FORCES) 2008, rule 38

NOTICE OF APPLICATION TO REVOKE SUSPENSION OF SENTENCE

Director of Military Prosecutions Prosecutor

No .............. Rank ..............

Name.. Unit. Accused

Director of Military Prosecutions Applicant

WHEREAS an order was made by the ................................ Court-Martial under Section 212A(2) of the

Defence Act 1954

on the ........... day of .................................. 20........ suspending *the whole of /*part of a sentence of imprisonment / detention imposed on you, the above-named offender of .................................................. and you were bound by a recognisance entered into by you under the said Section, to comply with the conditions of, or imposed in relation to that order, namely ........................................................

AND WHEREAS the applicant has applied under Section 212A(11)(

b

) of the above-mentioned Act to fix a date for the hearing of an application for an order revoking the order made by the ............................ Court-Martial suspending *the whole of /*part of a sentence of imprisonment / detention imposed on you

AND WHEREAS THE ..COURT-MARTIAL has fixed the date hereinafter stated for the hearing of that application

TAKE NOTICE THAT you the offender are required to appear before a ................................. Court-Martial at ..................................... on the ............ day of ........................................ 20........ at ................ hours for the hearing of an application for an order revoking the order suspending

*the whole of the sentence

*part of the sentence

imposed on you on the ............ day of ........................................ 20........ as aforesaid.

Dated this ............ day of ........................................ 20........

Signed: ______________

Court-Martial Administrator

To Accused

To Commanding Officer of the above-named offenderName Rank Appointment.

*Delete where inapplicable

To be endorsed by the court-martial if the person is scheduled to be in prison or a detention barrack on the return date

To the Governor or Officer in Charge of .*prison/*detention barrack

THIS IS TO COMMAND YOU the Governor or Officer in Charge of .*prison/*detention barrack to deliver the above-named offender before a . Court-Martial at on the ............ day of ........................................ 20........ at hours to be dealt with according to law.

Dated this ............ day of ........................................ 20........

Signed: ______________

*Military Judge/*Circuit Judge

*Delete where inapplicable”.

GIVEN under my Official Seal,

12 November 2011.

ALAN SHATTER,

Minister for Defence.

EXPLANATORY NOTE

(This is not part of the Instrument and does not purport to be a legal interpretation)

These Rules amend the Second Schedule to the Rules of Procedure (Defence Forces) 2008 (

S.I. No. 204 of 2008

).

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

18

th November

, 2011.

I, ALAN SHATTER, Minister for Defence, in exercise of the powers conferred on me by section 240 (as amended by

section 9

of the

Defence (Amendment) Act 2011

(No. 17 of 2011)) of the

Defence Act 1954

(No. 18 of 1954) and of all other powers enabling me in this behalf, hereby make the following rules