PDF view of Reservist?

[yellowjacket]

Irish legislation is also available on www.bailii.org .

[Bravo20]

I have the link it just wasn't working yesterday, their problem.

[trellheim]

I posted the link to the DA 1954 before so it's in the archive somewhere.

[Bravo20]

Where the offence is both an offence in Civil and Military law, Civil law takes precedence. So there isn't a choice. The Defence Acts allow for any individual to appeal the results of a court martial to civil courts. This arose after an Irish soldier murdered 3 of his collegues in the Leb back in the early 80's (Civil law didn't apply as they weren't in Ireland). At the time, the only punishment the military courts could hand down if found guilty was death (the Defence Acts don't leave much room for choice) and we didn't really want to start handing out death sentances so a law was passed that allowed recourse to the civil courts.

[JAG]

Military V Civilian Law

Military Law can only be forced on a solider (RDF or PDF) where there is no equivalent civilian offence- i.e. disobeying an order or summit. Otherwise, you have a choice between military and civvie law. Most people choose military, because the coviction is nice and safely hidden away, and they don't get basrred from god knows how many employment areas because of one drunken **** up.

And before anyone comes on to say "MILITARY LAW ALWAYS APPLIES- THERE IS NO OPTION" read the 1954 Defence Act- it's in there somewhere. I believe there is also reference to this in Bunreacht na hEireann

[Groundhog]

Is this the case that a reserve soldier who has been charged etc can skip out of barracks and lie low until it all blows over?Can MPs or his unit go after him or does their remit end at the gate of the barracks?

Depends on the circumstances. If the reservist committed the offence on a training night all he need do is not turn up again until the heat is off, unless he committed a serious offence like murder or rape, in which case it would be a matter for the Gardai anyway.

Which leads to the question ... when exactly are we subject to military law?

Whenever you are in uniform.

or are we always in fact civilians?

Yes and no. Full time training is the only occasion when you are subject to Military Law in practical terms.

Can a reserve soldier be confined to barracks?

If found guilty of a crime by his CO, which is in fact the only time you may be confined to barracks.

[landmark]

they can suddenly revert back to been civies and thus exempted from military law and disapline if they wish

Is this the case that a reserve soldier who has been charged etc can skip out of barracks and lie low until it all blows over? Can MPs or his unit go after him or does their remit end at the gate of the barracks?

Which leads to the question ... when exactly are we subject to military law? or are we always in fact civilians? Can a reserve soldier be confined to barracks?

[techie]

I have worked closely with reserve units for a number of years now and generally have not had any problems,unfortunatly sometimes there is friction between the two components one of the major gripes within the pdf is that while the reserve personnel have rank and authority within the df ,they can suddenly revert back to been civies and thus exempted from military law and disapline if they wish, this has been seen on a number of occasions where the solider has stopped turning up for meeting if there is a threat of disapline.Also pdf personnel have been disaplined by reserve personnell through malice and charged with the result that sometimes their future carrare is threatined and there seems to be no way that the pdf solider can instigate a redress of wrongs if you are going to just leave. :o

[Big Al]

wow 3 whole people, put your handbag away, I was wearing number 1's when you were in your confo outfit. I transfered from your bn many moons ago because they were crap and not doing a thing, units tend to go through a cycle, mine might not be at the top of their cycle at present but the last 2-3 years doesnt make it a bad unit, just like the 7bn back in the early 90's were going through a slow phase. Open your eyes tim there is a whole world for you to see.

[T.I.M.]

no im not an expert... but ive had first hand accounts form 3 people in your unit, and one has transfered out!....

[Big Al]

so your an expert on my unit & my service history as well. I have seen enough of the df since 1990 to know that what you said is the draftest thing posted here to date.

[T.I.M.]

well its true... some PDF units arent all macho he-men... there are the barrack rats too.... and when there forced to go on tatical exercises there a sham.... mabye if your unit were to train with a line PDF unit you would know BIG AL!!

[Big Al]

Originally posted by T.I.M.
ive seen PDF preforming out on the ground, and could put my hand on my heart and say that we could wipe the floor with what some of the PDF put out on the ground!

This has to be the daftest thing I have heard here, this "we are better than you" lark is a hinderance to the whole df

[T.I.M.]

To jpb: Thank you for reminding me what this topic was about... i got a tad carried away!

To Jag: As for the FCA section vrs the PDF section, ive seen PDF preforming out on the ground, and could put my hand on my heart and say that we could wipe the floor with what some of the PDF put out on the ground! then again im sure there werent the cream of the crop....

[rod and serpent]

Speaking as a member of the TA the attitudes of the regular army have changed slowly. For years there has been the attitude of them and us with one not knowing what the other is doing and because the regular army has a short fall of some 6000 trained soldiers they have become more reliant on the the TA. Of the personnel in the Balkans I believe its some 45% are made up of TA and there is a large commitment out in Iraq, Kuwait and Afghanistan. I think more integration is called for, the FCA could do exercise and tours of duty with the PDF. It works with for the British Army - Regulars and the TA- and their standards have not slipped. The PDF have a long way to go yet with their mind set; they are not that good that they cant do with the help, Britain learnt that lesson a long time ago.