(LRC Revised)

Number 8 of 1987

DEFENCE (AMENDMENT) ACT 1987

REVISED

Updated to 28 May 2019

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

Defence (Amendment) Act 1987

. 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

Greyhound Racing Act 2019

(15/2019), enacted 28 May 2019, and all statutory instruments up to and including

European Communities (Sheep Identification) (Amendment) Regulations 2019

(S.I. No. 243 of 2019), made 28 May 2019, 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

8

of

1987

DEFENCE (AMENDMENT) ACT 1987

REVISED

Updated to 28 May 2019

ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

Increase of certain fines awardable under Principal Act.

3.

Increase of fines and compensation awardable under sections 177, 178 and 179 of Principal

Act.

4.

Alteration of punishments awardable, and disqualifications incurred, under sections

209 and 210 of Principal Act.

5.

Offences relating to drugs, volatile substances and volatile preparations.

6.

Powers exercisable by captain of service aircraft and certain other persons when safety

of aircraft, etc. in jeopardy.

7.

Lopping, cutting or removal of certain trees, etc.

8.

Production of documents in evidence.

9.

Amendment of section 35 (1) of Principal Act.

10.

Amendment of section 107 of Principal Act.

11.

Amendment of section 206 (2) of Principal Act.

12.

Amendment of section 208 of Principal Act.

13.

Amendment of section 248 of Principal Act.

14.

Amendment of section 264 of Principal Act.

15.

Amendment of Fourth Schedule to Principal Act.

16.

Commencement of certain sections.

17.

Short title, collective citation and construction.

Acts Referred to

Debtors Act (Ireland), 1872

1872, c. 57

Enforcement of Court Orders Act, 1940

1940, No. 23

Defence Act, 1954

1954, No. 18

Defence Acts, 1954 to 1979

Age of Majority Act, 1985

1985, No. 2

Number

8

of

1987

DEFENCE (AMENDMENT) ACT 1987

REVISED

Updated to 28 May 2019

AN ACT TO ALTER THE PUNISHMENTS WHICH MAY BE AWARDED UNDER THE

DEFENCE ACT, 1954

, AND OTHERWISE TO AMEND AND EXTEND THAT ACT. [24

th June

, 1987]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

C1

References to “judge-advocate” in collectively cited

Defence Acts 1954 to 2007

construed (1.09.2008) by

Defence (Amendment) Act 2007

(24/2007), s. 5, S.I. No. 254 of 2008.

References to judge advocate in certain Acts and instruments.

5.

— Every reference in the

Defence Acts 1954 to 2007

or in any instrument made under those Acts to a judge-advocate shall be read as a

reference to a military judge.

C2

Application of collectively cited

Defence Acts 1954 to 1979

extended and references construed (23.01.1980) by

Defence (Amendment) (No. 2) Act 1979

(28/1979), s. 2, S.I. No. 19 of 1980.

Application of Defence Acts, 1954 to 1979, to women.

2.

—The provisions of the Defence Acts, 1954 to 1979, and of any statutory instruments

made thereunder shall apply to women members of the Defence Forces holding commissioned

or non-commissioned rank and accordingly all words in those Acts and those instruments

importing a reference to persons of the male sex shall be construed as importing a

reference to persons of either sex.

Editorial Notes

E1

Persons under 18 years of age subject to military law under collectively cited

Defence Acts 1954 to 1998

not to be regarded as children (1.05.2002) for purposes of

Children Act 2001

(24/2001), s. 271, S.I. No. 151 of 2002.

E2

Convictions or sentences substituted on appeal deemed for purposes of collectively

cited

Defence Acts 1954 to 1979

to be duly confirmed finding or sentence of court-martial (29.06.1983) by

Courts-Martial Appeals Act 1983

(19/1983), s. 20(1), commenced on enactment.

Annotations

Modifications (not altering text)

C1

References to “judge-advocate” in collectively cited

Defence Acts 1954 to 2007

construed (1.09.2008) by

Defence (Amendment) Act 2007

(24/2007), s. 5, S.I. No. 254 of 2008.

References to judge advocate in certain Acts and instruments.

5.

— Every reference in the

Defence Acts 1954 to 2007

or in any instrument made under those Acts to a judge-advocate shall be read as a

reference to a military judge.

C2

Application of collectively cited

Defence Acts 1954 to 1979

extended and references construed (23.01.1980) by

Defence (Amendment) (No. 2) Act 1979

(28/1979), s. 2, S.I. No. 19 of 1980.

Application of Defence Acts, 1954 to 1979, to women.

2.

—The provisions of the Defence Acts, 1954 to 1979, and of any statutory instruments

made thereunder shall apply to women members of the Defence Forces holding commissioned

or non-commissioned rank and accordingly all words in those Acts and those instruments

importing a reference to persons of the male sex shall be construed as importing a

reference to persons of either sex.

Editorial Notes

E1

Persons under 18 years of age subject to military law under collectively cited

Defence Acts 1954 to 1998

not to be regarded as children (1.05.2002) for purposes of

Children Act 2001

(24/2001), s. 271, S.I. No. 151 of 2002.

E2

Convictions or sentences substituted on appeal deemed for purposes of collectively

cited

Defence Acts 1954 to 1979

to be duly confirmed finding or sentence of court-martial (29.06.1983) by

Courts-Martial Appeals Act 1983

(19/1983), s. 20(1), commenced on enactment.

Section

1.

Interpretation.

2.

Increase of certain fines awardable under Principal Act.

3.

Increase of fines and compensation awardable under sections 177, 178 and 179 of Principal

Act.

4.

Alteration of punishments awardable, and disqualifications incurred, under sections

209 and 210 of Principal Act.

5.

Offences relating to drugs, volatile substances and volatile preparations.

6.

Powers exercisable by captain of service aircraft and certain other persons when safety

of aircraft, etc. in jeopardy.

7.

Lopping, cutting or removal of certain trees, etc.

8.

Production of documents in evidence.

9.

Amendment of section 35 (1) of Principal Act.

10.

Amendment of section 107 of Principal Act.

11.

Amendment of section 206 (2) of Principal Act.

12.

Amendment of section 208 of Principal Act.

13.

Amendment of section 248 of Principal Act.

14.

Amendment of section 264 of Principal Act.

15.

Amendment of Fourth Schedule to Principal Act.

16.

Commencement of certain sections.

17.

Short title, collective citation and construction.

Number

8

of

1987