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In general terms what sentencing powers does a CM have?
When I last had to sit through military law lectures they could impose the death penalty in war time. That's no longer permissible. So Life imprisonment down to a stern lecture and a warning to be a good boy or girl in future.
The Defendant can chose to go to CM if he/she is unhappy with the verdict of the CO.
I believe (but am open to correction) the CO can also elect to have the offence dealt with by CM, depending on the severity.
Catch-22 says they have a right to do anything we can't stop them from doing.
124. Capital offences by commanders when in action.
125. Capital offences by any person in relation to the enemy.
126. Offences punishable more severely on active service than at other times.
127. Offences related to prisoners of war.
128. Mutiny with violence.
129. Mutiny without violence.
130. Offences related to mutiny.
131. Disobedience to superior officer.
132. Striking or offering violence to a superior officer.
133. Insubordinate behaviour.
134. Disorders.
135. Desertion.
136. Connivance at desertion.
137. Absence without leave.
138. False statement in respect of leave.
139. Scandalous conduct of an officer.
140. Ill-treatment of inferiors.
141. False accusation against officer or man.
142. Drunkenness.
142A. Drugs, etc.
143. Malingering or maiming.
144. Dilatory conduct in regard to trials.
145. Negligent or wilful interference with lawful custody.
146. Escape from custody.
147. Obstruction of officer or man carrying out police duties.
148. Obstruction of civil power.
149. Losing, stranding or hazarding State ships.
150. Unauthorised carriage on ships or aircraft.
151. Wrongful acts in relation to aircraft.
152. Inaccurate certificate as regards aircraft.
153. Low flying.
154. Disobedience of orders of captain of aircraft.
155. Fraud by persons in charge of property.
156. Stealing, embezzlement, etc., of property.
157. Destruction, loss or improper disposal of property.
158. Bribery, corruption and fraud.
159. Negligent or furious driving of service vehicles.
160. Unauthorised use of service vehicles.
161. Offences in relation to courts-martial, etc.
162. False evidence.
163. Disturbances, etc., in billets.
164. Fraudulent enlistment.
165. General offences in relation to enlistment.
166. Negligent performance of duties.
167. Offences in relation to documents.
168. Conduct to the prejudice of good order and discipline.
169. Offences punishable by ordinary law.
169A. Trial by court-martial of treason and certain murders and attempts.
Most common charge is Section 168. Courts Martial sits about once a month, there's a calendar on military.ie somewhere.
Punishments a Court Martial may impose (on an Officer)
A. Imprisonment for life or any specified period.
B. Repealed by 14/1997, ss. 1 (commencement), 14, sch. 2, par. 9.
C. Repealed by 14/1997, ss. 1 (commencement), 14, sch. 2, par. 9.
D. Dismissal with ignominy from the Defence Forces.
E. Dismissal from the Defence Forces.
E1. Where the person convicted is an officer, reduction to, —
(a) if he holds a commissioned army rank, any lower commissioned army rank,
or
(b) if he holds a commissioned naval rank, any lower commissioned naval rank.
F. Forfeiture in the prescribed manner of seniority of rank, either in the Defence Forces or in the portion thereof in which the offender is serving or in both, or, in the case of an officer whose promotion depends on the length of service, forfeiture of all or any part of his service for the purpose of promotion.
G. A fine not exceeding —
(a) in case the person convicted is an officer, an amount equal to ten days’ pay of that officer, or
(b) in case the person convicted is not an officer but was an officer when the offence was committed, an amount equal to ten days’ pay of that person as an officer, or
(c) in any other case, an amount equal to the maximum fine awardable for the time being by a court-martial to an officer holding the rank of second-lieutenant who is in receipt of the maximum pay applicable to that rank
H. Severe reprimand
I. Reprimand.
Punishments a Court Martial may impose (on a Man)
A. Imprisonment for life or any specified period.
B. Repealed by 14/1997, ss. 1 (commencement), 14, sch. 2, par. 11.
C. Repealed by 14/1997, ss. 1 (commencement), 14, sch. 2, par. 11.
D. Discharge with ignominy from the Defence Forces.
E. Discharge from the Defence Forces.
F. Detention for any term not exceeding two years.
G. Where the person convicted is a non-commissioned officer, reduction to,—
(a) if he holds a non-commissioned army rank, any lower noncommissioned army rank, or
(b) if he holds a non-commissioned naval rank, any lower noncommissioned naval rank.
H. A fine not exceeding,
(a) in case the person convicted is a non-commissioned officer, an amount equal to nine days’ pay of that non-commissioned officer, or
(b) in case the person convicted is a private or a seaman, an amount equal to six days’ pay of that private or seaman, as may be appropriate, or
(c) in case the person convicted is not a member of the Defence Forces but was a non-commissioned officer when the offence was committed, an amount equal to nine days’ pay of that person as a non-commissioned officer, or
(d) in case the person convicted is not a member of the Defence Forces but was a private or a seaman when the offence was committed, an amount equal to six days’ pay of that person as a private or a seaman, as may be appropriate, or
(e) in any other case, an amount equal to the maximum fine awardable for the time being by a court-martial to a private of the highest grade who is in receipt of the maximum pay applicable to that rank and Grade.
I. Where the person convicted is a non-commissioned officer, forfeiture in the prescribed manner of seniority of rank.
J. Severe reprimand.
K. Reprimand.
Have a read of Part 4 of the Defence Act Restatement. It makes for interesting reading.
You're wrong. There's nothing interesting in the Defence Act.
sigpic Say NO to violence against Women
Originally posted by hedgehog
My favourite moment was when the
Originally posted by hedgehog
red headed old dear got a smack on her ginger head
The Defendant can chose to go to CM if he/she is unhappy with the verdict of the CO.
I believe (but am open to correction) the CO can also elect to have the offence dealt with by CM, depending on the severity.
that's pretty much how it goes for us too Goldie with the addition of rank restrictions, you can see the our process here:
This is my favorite - it sounds like someone who had their way with an aircraft.
There may be only one time in your life when your country will call upon you and you will be the only one who can do the nasty job that has to be done -- do it or forever after there will be the taste of ashes in your mouth.
The Defendant can chose to go to CM if he/she is unhappy with the verdict of the CO.
I believe (but am open to correction) the CO can also elect to have the offence dealt with by CM, depending on the severity.
There has been some significant changes to the procedures in the Defence Ammendment Act 2007. The type of charges that can be heard at a summary investigation level (i.e. CO) has been reduced. So if the charge is not specified on the list that can be heard at CO level then either the investigating officer decides that there is no case to answer or he/she recommends that the case be dealt with at a limited court martial (which what the sailor was heard under).
Someone who is being dealt with at summary investigation level can also opt to have his/her case heard at limited court martial level at the outset, thereby stopping the summary investigation.
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