(LRC Revised)

Number 19 of 1983

COURTS-MARTIAL APPEALS ACT 1983

REVISED

Updated to 6 July 2022

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Courts-Martial Appeals Act 1983.

It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including the

Defence Forces (Evidence) Act

2022

(16/2022), enacted 6 July 2022, and all statutory instruments up to and

including the

Córas Iompair Éireann Defined Contribution Scheme for Regular Wages

Staff Scheme (Confirmation) Order 2022

(S.I. No. 345 of 2022), made 6 July 2022,

were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

19

of

1983

COURTS-MARTIAL APPEALS ACT 1983

REVISED

Updated to 6 July

2022

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title.

2.

Commencement of

Part III

.

3.

Definitions.

3A.

Performance of functions of military judge by Circuit Judge

4.

Expenses.

5.

Amendment of section 202 of Act of 1954.

6.

Amendment of section 203 of Act of 1954.

7.

Amendment of section 215 of Act of 1954.

8.

Restriction of section 224 of Act of 1954.

PART II

Courts-Martial Appeal Court

9.

Establishment and constitution of the Courts-Martial Appeal Court.

10.

Court to be a superior court of record, etc.

11.

Registrar of the Court.

12.

Sittings and procedure of the Court.

13.

Right of appeal to the Court.

14.

Appeal to the Supreme Court.

15.

Interlocutory applications.

16.

Consequential orders of the Court.

17.

Hearing of appeal by the Court.

18.

Jurisdiction of the Court.

19.

Finding of guilty but insane.

19A.

Appeals (mental disorder at time of trial).

19B.

Appeals (mental disorder at time of commission of offence).

19C.

Appeals (supplementary provisions).

20.

Convictions and sentences of the Court, etc.

21.

Postponement of execution of sentence of death.

22.

Defence of appeal.

22A.

Case stated for the court on question of law.

22B.

Review of certain sentences.

23.

Rules of court.

24.

Application of

Part II

.

PART III

Legal Aid

25.

Definitions for

Part III

.

26.

Legal aid (preliminary proceedings) certificate.

27.

Legal aid (court-martial) certificate.

27A.

Legal aid (case stated) certificate.

27B.

Legal aid (application concerning forensic evidence retention period) certificate.

28.

Legal aid (Courts-Martial Appeal Court) certificate.

29.

Legal aid (Supreme Court) certificate.

30.

Payment of expenses of legal aid.

31.

Restriction of

section 18

.

32.

Statement as to means.

33.

Regulations.

34.

Penalty for false or misleading statements.

Acts Referred to

Defence Act, 1954

1954, No. 18

Defence Acts, 1954 to 1979

Number

19

of

1983

COURTS-MARTIAL APPEALS ACT 1983

REVISED

Updated to 6 July 2022

AN ACT TO ESTABLISH A COURTS-MARTIAL APPEAL COURT, TO MAKE PROVISION FOR THE GRANT

BY THE STATE OF FREE LEGAL AID IN CERTAIN COURTS-MARTIAL CASES AND TO PROVIDE FOR

MATTERS CONNECTED THEREWITH. [29

th June

, 1983]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

C1

Revocation of order under subs. (9) or (15) deemed to be sentence of court martial

by

Defence Act 1954

(18/1954), s. 212A(16) as inserted (1.09.2008) by

Defence (Amendment) Act 2007

(24/2007), s. 61, S.I. No. 254 of 2008.

Power to suspend

sentence.

212A.

— ...

(16) The revocation of an order under subsection (9) or (15) of this section shall

for the purposes of this Act and the Courts-Martial Appeals Act 1983 be deemed to

be a sentence of a court-martial.

C2

Order deemed to be sentence of court martial by

Defence Act 1954

(18/1954), s. 213(10) as substituted (1.09.2008) by

Defence (Amendment) Act 2007

(24/2007), s. 63, S.I. No. 254 of 2008.

Order for payment of

compensation.

213.

— ...

(10) An order under this section shall, for the purposes of this Act and the Courts-Martial

Appeals Act 1983, be deemed to be a sentence of a court-martial.

Editorial Notes

E1

Proceedings prior to 20.07.2009 not affected (20.07.2009) by

Rules of the Superior Courts (Courts-Martial Appeal Court) 2009

(S.I. No. 270 of 2009), rule 2.

E2

Legal aid restricted under certain conditions (2.07.2008) by

Courts-Martial (Legal Aid) Regulations 2008

(S.I. No. 206 of 2008), reg.

18.

E3

Witness expenses prescribed (2.07.2008) by

Courts-Martial (Legal

Aid) Regulations 2008

(S.I. No. 206 of 2008), reg. 17, as amended

(30.06.2010) by

Courts-Martial (Legal Aid) (Amendment) Regulations 2010

(S.I. No. 327 of 2010).

E4

Fees and expenses prescribed (2.07.2008) by

Courts-Martial (Legal Aid) Regulations 2008

(S.I. No. 206 of 2008), regs. 11-16, schs. 3 and 4, as amended (30.06.2010) by

Courts-Martial (Legal Aid) (Amendment) Regulations 2010

(S.I. No. 327 of 2010).

Annotations

Modifications (not altering text)

C1

Revocation of order under subs. (9) or (15) deemed to be sentence of court martial

by

Defence Act 1954

(18/1954), s. 212A(16) as inserted (1.09.2008) by

Defence (Amendment) Act 2007

(24/2007), s. 61, S.I. No. 254 of 2008.

Power to suspend

sentence.

212A.

— ...

(16) The revocation of an order under subsection (9) or (15) of this section shall

for the purposes of this Act and the Courts-Martial Appeals Act 1983 be deemed to

be a sentence of a court-martial.

C2

Order deemed to be sentence of court martial by

Defence Act 1954

(18/1954), s. 213(10) as substituted (1.09.2008) by

Defence (Amendment) Act 2007

(24/2007), s. 63, S.I. No. 254 of 2008.

Order for payment of

compensation.

213.

— ...

(10) An order under this section shall, for the purposes of this Act and the Courts-Martial

Appeals Act 1983, be deemed to be a sentence of a court-martial.

Editorial Notes

E1

Proceedings prior to 20.07.2009 not affected (20.07.2009) by

Rules of the Superior Courts (Courts-Martial Appeal Court) 2009

(S.I. No. 270 of 2009), rule 2.

E2

Legal aid restricted under certain conditions (2.07.2008) by

Courts-Martial (Legal Aid) Regulations 2008

(S.I. No. 206 of 2008), reg.

18.

E3

Witness expenses prescribed (2.07.2008) by

Courts-Martial (Legal

Aid) Regulations 2008

(S.I. No. 206 of 2008), reg. 17, as amended

(30.06.2010) by

Courts-Martial (Legal Aid) (Amendment) Regulations 2010

(S.I. No. 327 of 2010).

E4

Fees and expenses prescribed (2.07.2008) by

Courts-Martial (Legal Aid) Regulations 2008

(S.I. No. 206 of 2008), regs. 11-16, schs. 3 and 4, as amended (30.06.2010) by

Courts-Martial (Legal Aid) (Amendment) Regulations 2010

(S.I. No. 327 of 2010).

PART I

Preliminary and General

Section

1.

Short title.

2.

Commencement of

Part III

.

3.

Definitions.

3A.

Performance of functions of military judge by Circuit Judge

4.

Expenses.

5.

Amendment of section 202 of Act of 1954.

6.

Amendment of section 203 of Act of 1954.

7.

Amendment of section 215 of Act of 1954.

8.

Restriction of section 224 of Act of 1954.

PART II

Courts-Martial Appeal Court

9.

Establishment and constitution of the Courts-Martial Appeal Court.

10.

Court to be a superior court of record, etc.

11.

Registrar of the Court.

12.

Sittings and procedure of the Court.

13.

Right of appeal to the Court.

14.

Appeal to the Supreme Court.

15.

Interlocutory applications.

16.

Consequential orders of the Court.

17.

Hearing of appeal by the Court.

18.

Jurisdiction of the Court.

19.

Finding of guilty but insane.

19A.

Appeals (mental disorder at time of trial).

19B.

Appeals (mental disorder at time of commission of offence).

19C.

Appeals (supplementary provisions).

20.

Convictions and sentences of the Court, etc.

21.

Postponement of execution of sentence of death.

22.

Defence of appeal.

22A.

Case stated for the court on question of law.

22B.

Review of certain sentences.

23.

Rules of court.

24.

Application of

Part II

.

PART III

Legal Aid

25.

Definitions for

Part III

.

26.

Legal aid (preliminary proceedings) certificate.

27.

Legal aid (court-martial) certificate.

27A.

Legal aid (case stated) certificate.

27B.

Legal aid (application concerning forensic evidence retention period) certificate.

28.

Legal aid (Courts-Martial Appeal Court) certificate.

29.

Legal aid (Supreme Court) certificate.

30.

Payment of expenses of legal aid.

31.

Restriction of

section 18

.

32.

Statement as to means.

33.

Regulations.

34.

Penalty for false or misleading statements.

Number

19

of

1983