02/10/1922: MILITARY COURTS - GENERAL REGULATIONS AS TO TRIAL OF CIVILIANS

1 Every civilian charged with an offence specified in section two of these Regulations, shall upon trial and conviction by a Military Court be liable to such punishment as is hereinafter specifically provided.

STATEMENT OF OFFENCES.

2 A. Taking part in, or aiding or abetting, any attack upon, or using force against, the National Forces.

B. Looting, arson, destruction, seizure, unlawful possession or removal of, or damage to any public or private property.

C. Having possession without proper authority of :--

1 Any bomb or article in the nature of a bomb.

2 Any dynamite, gelignite, or other explosive substance.

3 Any revolver, rifle, gun, or other firearm or lethal weapon, or any ammunition for any such firearm.

D. The breach of any general order or regulation made by the Army Council.

CONVENING OF COURT.

3 (1) Every Military Court for the trial of a civilian charged with an offence specified in section 2 shall be convened by the General Officer Commanding the Command area in which the offence is alleged to have been committed.

(2) The convening officer will detail a sufficient number of properly qualified officers in waiting to meet the contingency of challenges and objections by the accused.

(3) The convening officer will detail an officer to prosecute, or will make provision for the attendance of a solicitor, or counsel or both, to prosecute.

CONSTITUTION OF COURT.

4 (1) Every such Military Court shall be constituted as follows :--

(A) A President, appointed by the convening Officer, who shall be of a rank not lower than Commandant.

(B) A Legal Officer nominated by the Minister for Defence and certified by the Law Officer to be a person of legal knowledge and experience, and detailed by the convening officer for service on the Court.

(C) One other officer appointed by the convening officer, who shall be of a rank not lower than that of Captain.

(2) The Legal Officer nominated and certified as is provided in paragraph b. sub, sect. 1 of this section may, but shall not necessarily be appointed as President by the convening officer.

JURISDICTION OF COURT.

5 Every such Military Court shall have jurisdiction to try any civilian charged with an offence specified in section 2 hereof, and upon conviction to award :--

(A) Where the offence is one specified in paragraphs a., b. and c. of section 2, death or any less punishment.

(B) Where the offence is a breach of any General Order or Regulation made by the Army Council, and is not specified in paragraphs a., b. or c. of section 2, punishment in accordance with the provisions of such order or regulation.

SCALE OF PUNISHMENTS.

6 For the purpose of these Regulations any punishment specified in the Schedule of this section shall be deemed to be less than any punishment preceding it in the Schedule.

SCHEDULE.

1 Death.

2 Penal Servitude.

3 Imprisonment.

4 Deportation.

5 Internment.

6 Fine.

DEFENCE OF ACCUSED.

7 No civilian shall be tried by a Military Court save after the expiration of at least 48 hours from the time of his arrest.

8 Every civilian tried by a Military Court may be represented by a Solicitor or Counsel or both.

9 Every reasonable facility consistent with military exigencies shall be afforded such accused civilian to prepare his defence, and to interview and instruct for that purpose a Solicitor or Counsel or both.

10 There shall be delivered to every such accused civilian by an officer at least 24 hours before the commencement of his trial, a copy of the charge sheet, containing the charges against him, together with an abstract of the evidence to be given against him, and the names, rank, corps of the officers constituting the Court. Such officer shall if necessary read and explain the charges and abstract of evidence to the accused. Such officer shall inform the accused that upon the accused furnishing the names of such witnesses as he wishes to call in his defence, all reasonable precautions shall be taken to secure their attendance. Such precautions shall be taken by the Convening Officer, or the President of the Court.

CHARGE SHEET.

11 (1) The Charge Sheet shall contain the whole issue to be tried by a Military Court at one time in respect of one accused civilian and shall be in the appropriate form hereinafter specified.

(2) The Charge Sheet may contain one or more charges or accusations, but each charge or accusation shall allege only one offence.

(3) The Charge Sheet shall be settled and signed by the Convening Officer.

OFFICERS NOT QUALIFIED TO SERVE ON COURT.

12 The following shall not serve upon any Military Court :

(A) Any Officer not subject to Military Law.

(B) Any Officer having a personal interest in the case.

(C) Any Officer appointed to prosecute in the case.

(D) Any Officer whose rank disqualifies him having regard to the provisions of section 4.

(E) Any Officer who took or prepared the abstract of evidence.

(F) The Convening Officer.

PLACE OF ASSEMBLY OF COURT.

13 Every Military Court shall assemble at the time and place named by the Convening Officer in the order convening the Court.

CHALLENGES BY ACCUSED.

14 Every accused shall have the right to challenge for cause shown any member of the Court, save the Legal Officer.

PROCEDURE.

15 (1) Save as provided in these Regulations, every Military Court shall determine its own procedure.

(2) Save as provided in these Regulations every Military Court shall be bound by the ordinary law of evidence.

(3) The Legal Officer shall direct the Court as to all points of law, procedure and evidence.

(4) In determining their procedure every Military Court shall where practicable have regard to the procedure provided by the General Regulations as to discipline in the case of Courts Martial.

16 Every civilian tried by a Military Court may give evidence in his own behalf.

17 Where an accused gives evidence in his own behalf it shall be no objection to a question put to him in cross-examination that it may tend to criminate him as to the offence with which he is then charged ; but he shall not be asked, and if asked shall not be required to answer any question tending to show :--

(A) That he has committed, been convicted of, or charged with any offence other than that with which he is then charged ;

(B) That he is of bad character ;

Unless :--

(A) The proof that he has committed or been convicted of such other offence is admissible to show that he is guilty of the offence with which he is then charged, or

(B) He has presonally or by his advocate asked questions of the witnesses with a view to establishing his own good character, or has given evidence of his own good character, or

(C) The nature or conduct of the defence is such as to involve imputations upon the character of the prosecutor, or any of the witnesses for the prosecution.

18 All transactions of, and all evidence received by a Military Court shall be recorded by, or by the direction of the Legal Officer, such record to be referred to as the proceedings.

19 Where a civilian tried by a Military Court is acquitted of any charge against him, such acquittal shall be announced in open court.

20 Every finding and sentence of a Military Court shall be recorded upon the proceedings. Upon the conclusion of the trial the President and the Legal Officer shall sign and date the proceedings and transmit them to the Adjutant General.

CONFIRMATION OF FINDING AND SENTENCE.

21 Every sentence of a Military Court and every finding other than a finding of Not Guilty shall be subject to confirmation by the Confirming Authority.

22 The Confirming Authority shall be any two members of the Army Council.

23 Where an accused has been found Guilty of any charge the Confirming Authority may

(A) Direct the re-assembly of the Court for revision of the finding and sentence or either of them, stating the reasons for revision.

(B) Confirm or refuse confirmation in whole or in part of the original or revised finding or sentence.

(C) Order a new trial of the accused by Military Court.

(D) Mitigate the punishment awarded by the sentence or remit, or reduce, or commute the same for any less punishment.

(E) Suspend execution of the sentence.

24 The Confirming Authority shall not have power to increase any sentence awarded by a Military Court. Where the sentence of a Military Court is sent back by the Confirming Authority for revision, the Court shall not have power to increase the original sentence.

EXECUTION OF SENTENCE.

25 Upon due confirmation in accordance with these Regulations of the sentence of a Military Court, the Convening Officer shall make provision for its due execution.

POWER OF COURT TO MAKE RECOMMENDATION.

26 Where a civilian is charged with an offence specified in section 2 hereof, and tried by a Milltary Court, the Court may instead of acquitting or convicting the accused recommend his detention within or without the jurisdiction of the Provisional Government. Every such recommendation shall be recorded upon the proceedings.

27 These Regulations shall come into force upon, and apply as from, such date as the Army Council shall determine, and announce by Proclamation.

Made by the Army Council, the 2nd day of October, 1922

General Headquarters,

Portobello Barracks,

Dublin.

GENERAL REGULATIONS

A.F. 1501

APPENDIX OF FORMS.

Form of Application for a Military Court.

Station....................................  Date.....................

APPLICATION FOR A MILITARY COURT.

SIR,

I have the honour to submit.........charge against.................................a civilian at present in Military Custody at..............................and request that a Military Court be appointed for his trial at....................................

I beg to enclose the following documents :--

(1) Abstract of evidence available.

(2) List of witnesses for prosecution and defence (with their present stations).

(3) Names of Officers at this Station, available as members of the Military Court.

(4) Name of Officer suggested as Prosecutor.

(5) Statement of Charges.

I have the honour to be,

Sir,

Your obedient servant,

Signature of Officer applying.................................... To..........................................

A. F. 1502

FORM OF ORDER CONVENING A MILITARY COURT.

Orders by...................................................

General Officer Commanding the........................Command.

The detail of Officers mentioned below will assemble at................................................at the hour of............on the.........day of...........................19......, for the......purpose of trying by a Military Court the accused civilian person (persons) named in the margin (and such other civilian persons as may be brought before them).

PRESIDENT.......................................

is appointed President.

MEMBERS :--1 Legal Officer.................................

2 (Other Officer).............................

Waiting Members :--.......................................

.......................................

.......................................

The accused will be warned and all witnesses duly required to attend.

The proceedings will be forwarded to the Adjutant General, G.H.Q., Portobello Barracks, Dublin.

Signed: the.................day of.............19...

Name....................................................

Rank......................................................

Appointment...........................................

A.F. 1503

FORM OF CHARGE SHEET.

CHARGE SHEET.

The accused (name and address, if known), a civilian at present in Military Custody, is charged with :--

Name.............................................

Rank.............................................

Appointment..................................

Date.......................................

A.F. 1504

SPECIMEN CHARGE SHEET.

CHARGE SHEET.

The accused, John Kelly, of Belview, Terrace, Manchester, a civilian now in Military Custody at Athlone is charged with :--

Name.............................................

Rank.............................................

Appointment..................................

Date....................................

PROCLAMATION.

General Headquarters,

Portobello Barracks,

Dublin.

TO ALL WHOM IT MAY CONCERN.

1. With a view to the speedy termination of the present state of armed rebellion and insurrection, and the restoration of peace, order, and security, the Government, with the sanction of Dáil Éireann, has sanctioned the doing by, or under the authority of, the Army Council of all of the following matters or things :--

(a) The setting up of Military Courts or Committees for the enquiring into charges against persons in respect of any of the offences hereinafter mentioned ; provided, however, that every such Military Court or Committee shall include as a member thereof at least one person nominated by the Minister of Defence and certified by the Law Officer to be a person of legal knowledge and experience.

(b) The enquiry by such Military Courts or Committees into the cases of persons charged with any of the offences following, that is to say :--

(1) Taking part in, or aiding, or abetting any attacks upon or using force against the National Forces.

(2) Looting, arson, destruction, seizure, unlawful possession, or removal of, or damage to, any public or private property.

(3) Having possession without proper authority of any bomb, or article in the nature of a bomb, or any dynamite, gelignite, or other explosive substance, or any revolver, rifle, gun, or other firearm or lethal weapon, or any ammunition for such firearm.

(4) The breach of any general order or regulation made by the Army Council

and the infliction by such Military Courts or Committees of the punishment of death or of penal servitude for any period, or of imprisonment for any period, or of a fine of any amount, either with or without imprisonment, on any person found guilty by such Court or Committee of any of the offences aforesaid ; provided that no such sentence of death be executed except under the counter signature of two members of the Army Council.

(c) The removal under authority of the Army Council of any person taken prisoner, arrested or detained by the National Forces to any place or places, whether within or without the area of jurisdiction of the Government, and the detention or imprisonment of any such person in any place or places within or without the area aforesaid.

(d) The regulation and control of the sale, possession, transfer of, and dealing in revolvers, rifles, guns, and other firearms.

2. By regulations made the 2nd day of October, 1922, the Army Council have provided for the trial by Military Courts of civilians charged with the offences specified in the preceding paragraph, and for the infliction upon any civilian convicted by a Military Court of any such offence, of any of the following punishments, according to the nature and gravity of the offence :--

DEATH,

PENAL SERVITUDE,

IMPRISONMENT,

DEPORTATION,

INTERNMENT,

FINE.

3. It is provided by the said regulations that they shall come into force upon and shall apply as from such date as the Army Council shall determine and announce by proclamation.

4. By proclamation published the 3rd day of October, 1922, the Government announced and proclaimed as follows :--

(1) Every person who is engaged in such insurrection and rebellion against the State as aforesaid, or in such armed opposition to the National Forces as aforesaid, or who has been guilty of any offence against the State, directly arising out of such insurrection, rebellion and armed opposition as aforesaid, and who, on or before the 15th day of October, 1922, voluntarily delivers into the possession of the National Forces all firearms, arms, weapons, bombs, ammunition and explosives, and all public and private property now unlawfully in his possession, and quits all lands or buildings unlawfully occupied by him, and who, on or before the 15th day of October, 1922, voluntarily ceases to take any part in, or aid or abet such insurrection, rebellion or armed opposition, shall be permitted to return unmolested to his home; and to every such person we hereby offer, assure and proclaim a full amnesty and pardon for all such insurrection, riot, rebellion, and opposition and offences as aforesaid.

(2) Every such person may deliver any such firearms, arms, weapons, ammunition, explosives and bombs, and any such public and private property as aforesaid, to the Officer Commanding the nearest Military position or station, or to any such person as shall be nominated by him.

KNOW THEN, AND IT IS HEREBY ANNOUNCED AND PROCLAIMED AS FOLLOWS :--

(1) After the 15th day of October, 1922, we, the Army Council, will exercise all the powers and do all the matters and things in the first paragraph of this proclamation mentioned, or any of them, according as the same shall to us seem necessary or expedient.

(2) The said Regulations as to the Trial of Civilians by Military Courts made by us, the Army Council, on the 2nd day of October, 1922, shall come into force and shall apply as from the 15th day of October, 1922.

GIVEN at General Headquarters, Portobello Barracks, Dublin, and published this 10th day of October, 1922.

Signed upon behalf of The Army Council.

RISTEARD UA MAOLCHATHA,

General, Commander-in-Chief.