Committee Reports::Report and Proceedings - Defence Bill, 1951::29 April, 1952::Proceedings of the Joint Committee

An Teachta V. de Valéra (i g Ceannas), an tAire Cosanta, na Teachtaí Ó Braonáin, Mac Artúir, Ó Colla, S. Ó Coileáin, Ó Comhdhain, Ó Gallchobhair agus Hilliard.

“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’.”

‘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.”

‘(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’.”

‘(2) Sentence of death shall not be awarded by a courtmartial unless the court-martial are unanimous’.”

Níl:—Aire Cosanta, na Teachtaí Ó Braonáin, Mac Artúir, Ó Colla, S. Ó Coileáin, Ó Gallchobhair agus Hilliard.

“In subsection (1), delete ‘F. Where the offender holds commissioned naval rank, dismissal from the ship to which he belongs’, lines 15 and 16.”

“In subsection (5), line 48, to delete ‘shall’ and substitute ‘may’.”

“In subsection (5), before ‘and’ line 51, to insert ‘or dismissal from the Defence Forces’.”

“In subsection (6), line 6, to delete ‘shall’ and substitute ‘may’.”

“In subsection (6), line 8, before ‘and’ to insert ‘or dismissal from the Defence Forces’.”

‘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’.”

An tAire Cosanta, na Teachtaí Ó Braonáin, Ó Colla, S. Ó Coileáin, Ó Comhdhain, Ó Dabhoireann agus Hilliard.

Do hathchromadh ar an Díospóireacht ar an leasú seo a leanas a thairg an Teachta Ó Comhdhain inniu:

“In subsection (1), paragraph (b), page 96, line 44 to insert ‘in whole or in part’ after ‘punishment.’”

‘(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 courtmartial were illegal, the Minister shall quash the finding, and thereupon the following provisions shall have effect:—

(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;

(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 penal servitude, 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’.”

Ceist—“Go gcuirtear an t-alt nuaisteach ansin”—curtha, agus aontaithe.

“In subsection (5), line 2, page 99, to delete ‘, other than the offender or any one claiming through him’.”

“In subsection (1), line 14, to delete ‘four pence’ and substitute ‘one half-penny’.”

‘(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’.”

Ceist—“Go gcuirtear an t-alt nuaisteach ansin”—curtha: rinne an Coiste vótáil: Tá, 1; Níl, 5.

Níl:—Aire Cosanta, na Teachtaí Ó Braonáin, Ó Colla, Ó Dabhoireann agus Hilliard.

“In line 15, to delete the words ‘or is released without proper authority’.”

“In subsection (1), paragraph (c), line 10, to delete ‘and constitution’.”

IMEACHTA AN CHOISTE SPEISIALTA.

THE PROCEEDINGS OF THE SPECIAL COMMITTEE.

Dé Máirt, 29ú Aibreán; 1952.

Tuesday, 29th April, 1952.