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hptmurphy
30th July 2003, 01:14
Does the old rule regarding discharges still apply.

If a serving member of the DF is convicted in a civilian court of a criminal offence are they automatically discharged from the DF.

I am refering to the report on the RTE news this evening regarding the report of three serving members of the DF serving in Athlone who were convicted of assault charges.They were given suspended sentences but no mention was made of their future in the DF.

In the past any conviction was automatically resulting in discahrge .can any shed any light on the issue?

Erwin
30th July 2003, 01:18
Usually passing down of a custodial sentence means an Administrative Discharge from the DF,i'd have to check out the suspended sentence lark, but i think you can still serve.:confused:

Erwin
30th July 2003, 23:19
169.-Subject to the provisions of this Act, every person who, whilst he is subject to military law, commits any of the offences referred to in this section shall be deemed to be guilty of an offence against military law, and if charged under this section with any such offence (in this Act referred to as a civil offence) shall be liable to be tried by court-martial, and on conviction to be punished as follows, that is to say:-

( a ) if he is convicted of treason, be liable to suffer death;

( b ) if he is convicted of murder, be liable to suffer death;

( c ) if he is convicted of manslaughter, be liable to suffer penal servitude or any less punishment awardable by a court-martial; .

( d ) if he is convicted of rape, be liable to suffer penal servitude or any less punishment awardable by a court-martial;

( e ) if he is convicted of any offence not before in this section particularly specified, which when committed in the State is punishable by the ordinary criminal law of the State, be liable, whether the offence is committed in the State or elsewhere, either to suffer any punishment assigned for such offence by the law of the State or, if he is subject to military law as an officer, dismissal with ignominy from the Defence Forces or any less punishment awardable by a court-martial or, if he is subject to military law as a man, imprisonment or any less punishment awardable by a court-martial.

Erwin
30th July 2003, 23:21
going to trawl through the amendments next

muckraker
31st July 2003, 21:53
Hi to all!
Reasonably new to board and have not done a great deal of posts but this one caught my eye...
If a serving member is found guilty of an offence and recieves a suspended sentence they are allowed to continue in service. Suspended sentencing bounds the offender to keep the peace for the term of the sentence, failure to do so i.e. commiting another offence, will result in impisonment and automatic discharge.
Hope it helps

Bravo20
1st August 2003, 10:30
Cheers muckraker, I couldn't find anything on that.

Footslogger
2nd August 2003, 20:54
Any sentence handed down which involves time in prison or a fine of over £250 (punt), automaticly results in discharge. Some have gotten around this by paying "compensation" or a contribution to the "poor box" instead of a fine. Suspending the prison sentence allows the member to stay in the job.

Shnig
3rd August 2003, 00:05
"( a ) if he is convicted of treason, be liable to suffer death;

( b ) if he is convicted of murder, be liable to suffer death;"

So dose this mean it is still possible to receve the death senteance in good ol Eire?

Erwin
3rd August 2003, 20:57
Under Military Law yes or as is usually the case " any other sentence deemed appropriate ":D

Bravo20
5th August 2003, 11:45
Sorry Erwin, in case you didn't notice we had a referendum which removed the death sentance from the statute books, the sections you are referring to above are the original. It is now unconstitutional to sentance someone to death. Military law is subject to the Constitution.

trellheim
5th August 2003, 13:32
The Criminal Justice Act 1990 amended DFR 1954 for the death penalty.

http://www.irishstatutebook.ie/gen221990a.html


The Twenty-First Amendment to the Constitution 2001 removed it and stopped it from being brought in again


1990 it came off the statute books
2001 it came off the constitution.

Last State death sentence was 1954 I believe

yellowjacket
5th August 2003, 13:42
Of course in time of war, the constitution kinda goes out the door:

The principle is known in Latin as: "Inter arma silent leges" - "In time of war the laws are silent".

spanky
5th August 2003, 23:48
I think Erwin has a hankering for "the good old days" when the death penalty was the norm! - "Hang him from the yardarm squire!"

Johnny2Stripes
6th August 2003, 00:02
Ahhh...Bring back the good o'l days...Nuttin like a good hangin!;)

Erwin
7th August 2003, 01:16
Well i didn't vote to remove it from the statute books!!Besides the referendum had nothing whatsoever to do with Military Law!!Anyways i shall look into it!!
"Yes bosun hang him from the yardarm":D :D

Bravo20
7th August 2003, 10:01
The constitution is superior to all laws enacted by the Dail

trellheim
7th August 2003, 11:32
Did no-one read what I posted above about the changes to the Defence Act - i.e Military Law ?

Bravo20
7th August 2003, 13:17
Naah

Erwin
7th August 2003, 13:29
Got it load eventually- hooraaayyyy.Bah Humbug its gone:mad:

hptmurphy
7th August 2003, 17:20
Sorry I asked !