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IMEACHTA AN CHOISTE SPEISIALTA.THE PROCEEDINGS OF THE SPECIAL COMMITTEE.Dé Máirt, 29ú Aibreán; 1952.Tuesday, 29th April, 1952.1. The Committee met at 4 p.m. 2. Members Present. The following members were present:— Deputy V. de Valera (in the Chair), the Minister for Defence, Deputies Brennan, Carter, Colley, S. Collins, Cowan, Gallagher and Hilliard. 3. Consideration of Bill. The Committee resumed consideration of the Bill. (i) Section 191. Amendment proposed (Deputy Cowan): “In subsection (2) to delete all words after the word ‘minimum’ in line 33 to the end of the subsection and substitute ‘the convening authority may appoint the senior member of the court-martial to be president of the court-martial and the trial may proceed accordingly’.” Question put, and negatived. Section agreed to. (ii) New section. Amendment proposed (Deputy Cowan): “Before section 192 to insert a new section as follows:— ‘Every court-martial shall be a public court and shall be held in public but the court-martial may, in the interests of justice and on the application of an accused person, exclude a witness during the hearing or during any particular part of the hearing.” Amendment, by leave, withdrawn. (iii) Section 192 agreed to. (vi) Section 193. Amendment proposed (Deputy Cowan): “To delete subsection (1) and substitute:— ‘(1) A court-martial may, for the purpose of any deliberation or the consideration of any matter, retire from the Courtroom. Where the court-martial so retires they shall be accompanied by the Judge-Advocate and officers under instruction at the court-martial and by no other person’.” Amendment, by leave, withdrawn. Section agreed to. (v) Sections 194 and 195 agreed to. (vi) Section 196. Amendment proposed (Deputy Cowan): “To delete subsection (2) and substitute:— ‘(2) Sentence of death shall not be awarded by a court-martial unless the court-martial are unanimous’.” Question put: the Committee divided: For, 1; Against, 7. For:—Deputy Cowan. Against:—Minister for Defence, Deputies, Brennan, Carter, Colley, S. Collins, Gallagher and Hilliard. The Question was declared negatived accordingly. Section agreed to. (vii) Sections 197 to 205 inclusive, agreed to. (viii) Section 206. Amendment proposed (Deputy Cowan): “To delete subsection (2).” Amendment, by leave, withdrawn. Section agreed to. (ix) Section 207. Amendment proposed (Deputy Cowan): “In subsection (1), delete ‘F. Where the offender holds commissioned naval rank, dismissal from the ship to which he belongs’, lines 15 and 16.” Amendment, by leave, withdrawn. Amendment proposed (Deputy Cowan): “In subsection (5), line 48, to delete ‘shall’ and substitute ‘may’.” Question put, and negatived. Amendment proposed (Deputy Cowan): “In subsection (5), before ‘and’ line 51, to insert ‘or dismissal from the Defence Forces’.” Question put, and agreed to. Section, as amended, agreed to. (x) Section 208. Amendment proposed (Deputy Cowan): “In subsection (6), line 6, to delete ‘shall’ and substitute ‘may’.” Question put, and negatived. Amendment proposed (Deputy Cowan): “In subsection (6), line 8, before ‘and’ to insert ‘or dismissal from the Defence Forces’.” Amendment, by leave, withdrawn. Section agreed to. (xi) Sections 209 and 210 agreed to. (xii) New section. Amendment proposed (Deputy Cowan): “Before section 211 to insert a new section as follows:— ‘Where a person has been convicted by a court-martial of an offence against military law the court-martial may, in view of the previous good and faithful service of such person, instead of awarding any sentence, record that, in view of the previous good and faithful service of such person, no sentence be awarded and such finding shall not require confirmation or revision and shall be pronounced at once in open court’.” Debate ensued. Further consideration of the Bill adjourned. 4. Ordered; That the Committee do adjourn from 6 p.m. to 7.30 p.m. The Committee again met at 7.30 p.m. 5. Members Present. The following members were present:— The Minister for Defence, Deputies Brennan, Colley, S. Collins, Cowan, Davern and Hilliard. 6. Election of Temporary Chairman. Deputy Cowan moved:— “That Deputy Hilliard act as Chairman of this meeting of the Committee.” Question put, and agreed to. Deputy Hilliard took the Chair accordingly. 7. Consideration of Bill. The Committee resumed consideration. of the Bill. (i) New section. Debate was resumed on the following amendment proposed by Deputy Cowan, to-day:— “Before section 211 to insert a new section as follows:— ‘Where a person has been convicted by a court-martial of an offence against military law the court-martial may, in view of the previous good and faithful service of such person, instead of awarding any sentence, record that, in view of the previous good and faithful service of such person, no sentence be awarded and such finding shall not require confirmation or revision and shall be pronounced at once in open court’.” Amendment, by leave, withdrawn. (ii) Sections 211 to 217 inclusive, agreed to. (iii) Section 218. Amendment proposed (Deputy Cowan): “In subsection (1) to delete paragraph (b), lines 37 to 50.” Amendment, by leave, withdrawn. Section agreed to. (iv) Section 219. Amendment proposed (Minister for Defence): “In subsection (1), paragraph (b), page 96, line 44 to insert ‘in whole or in part’ after ‘punishment.’” Question put, and agreed to. Section, as amended, agreed to. (v) Sections 220 and 221 agreed to. (vi) New section. Amendment proposed (Minister for Defence): “Before section 222 to insert a new section as follows:— ‘(1) Where the finding and sentence of a court-martial in respect of an accused person have been confirmed and it appears to the Minister that the proceedings of the court-martial were illegal, the Minister shall quash the finding, and thereupon the following provisions shall have effect:— (a) the whole of the sentence passed by the court-martial shall cease to have effect; (b) the Minister may at the same time direct that the accused be tried again for the offence which was the subject of the finding, and in such case the accused may, notwithstanding anything in this Act or any rule of law, be tried by court-martial for such offence and if found guilty punished therefor. (2) Where the finding and sentence of a court-martial in respect of an accused person have been confirmed and it appears to the Minister that the accused was wrongfully convicted, the Minister may quash the finding of guilty, and thereupon the following provisions shall have effect:— (a) if no other finding of guilty by the court-martial in respect of the accused remains, the whole of the sentence passed by the court-martial shall cease to have effect; (b) if— (i) another finding (in this subsection referred to as the remaining finding) of guilty by the court-martial in respect of the accused remains, and (ii) any punishment (in this subsection referred to as the original punishment) included in the sentence passed by the court-martial is in excess of the punishment authorised by this Act in respect of the remaining finding or is, in the opinion of the Minister, unduly severe, he may, subject to paragraph (c) of this subsection, substitute another punishment (in this subsection referred to as the substituted punishment) and the substituted punishment shall have effect as if it had been awarded by the court-martial and had been duly confirmed; (c) the following provisions shall apply in relation to the substituted punishment:— (i) it shall not be a punishment which could not have been awarded by the court-martial to the accused in respect of the remaining finding, (ii) it shall not be higher in the scale to subsection (1) of section 207 or subsection (1) of section 208 (whichever of those subsections is appropriate) than the original punishment, (iii) if the sentence passed by the court-martial included penal servitude, the substituted punishment, if penal servitude, shall not involve a period of penal servitude exceeding the period comprised in the sentence, (iv) if the sentence passed by such court-martial included imprisonment, the substituted punishment, if imprisonment or detention, shall not involve a period of imprisonment or detention exceeding the period comprised in the sentence, (v) if the sentence passed by such court-martial included detention, the substituted punishment, if detention, shall not involve a period of detention exceeding the period comprised in the sentence, (vi) where the substituted punishment is detention and the original punishment is imprisonment, the term of detention from the date of substitution shall in no case exceed the term of imprisonment remaining to be served’.” Question—“That the new section be there inserted”—put, and agreed to. (vii) Section 222 deleted. (viii) Section 223. Amendment proposed (Deputy Cowan): “In subsection (5), line 2, page 99, to delete ‘, other than the offender or any one claiming through him’.” Amendment, by leave, withdrawn. Section agreed to. (ix) Section 224. Amendment proposed (Deputy Cowan): “In subsection (1), line 14, to delete ‘four pence’ and substitute ‘one half-penny’.” Amendment, by leave, withdrawn. Section agreed to. (x) New section. Amendment proposed (Deputy Cowan): “Before section 225 but in Chapter VII to insert a new section as follows:— ‘(1) Where a sentence passed by a court-martial has been confirmed the person sentenced may within seven days after the promulgation of the sentence appeal to the Court of Criminal Appeal against his conviction and sentence or against the sentence only. (2) The appeal under this section shall be made in accordance with Rules to be made by the Court of Criminal Appeal. (3) Where an appeal has been made under this section the Adjutant General shall forward to the Registrar Court of Criminal Appeal three copies of the proceedings of the court-martial including the proceedings with respect to revision and confirmation and exhibits, and shall at the same time forward to the prosecutor and to the accused or his counsel one copy of the same. (4) The appeal shall be heard and determined by the Court of Criminal Appeal in the same way as an appeal from the Central Criminal Court and the person appealing shall have all the rights of an accused person appealing against the finding and or sentence of the Central Criminal Court’.” Question—“That the new section be there inserted”—put: the Committee divided: For, 1; Against, 5. For:—Deputy Cowan. Against:—Minister for Defence, Deputies Brennan, Colley, Davern and Hilliard. The Question was declared negatived accordingly. (xi) Sections 225, 226 and 227 agreed to. (xii) Section 228. Amendment proposed (Deputy Cowan): “In line 15, to delete the words ‘or is released without proper authority’.” Amendment, by leave, withdrawn. Section agreed to. (xiii) Sections 229 to 237 inclusive, agreed to. (xiv) Section 238. Amendment proposed (Deputy Cowan): “In subsection (1), paragraph (c), line 10, to delete ‘and constitution’.” Amendment, by leave, withdrawn. Section agreed to. (xv) Section 239. Amendment proposed (Deputy Cowan): “In line 48, before ‘accepts’ to insert ‘voluntarily’.” Amendment, by leave, withdrawn. Section agreed to. (xvi) Section 240 agreed to. Further consideration of the Bill adjourned. 8. Adjournment. The Committee adjourned at 9.30 p.m. until 7.30 p.m. tomorrow. |
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