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30 1923

DEFENCE FORCES (TEMPORARY PROVISIONS) ACT, 1923

CHAPTER VII.

Legal Penalties in Matters Respecting the Forces.

Punishment for pretending to be a deserter.

187. —Any person who falsely represents himself to any military or civil authority to be a deserter from the Forces shall, on summary conviction, be sentenced to imprisonment with or without hard labour for any period not exceeding three months.

Punishment for inducing officers or soldiers to desert or absent themselves without leave.

188. —Any person who by any means whatsoever—

(1) Procures or persuades any officer or soldier to desert or absent himself without leave, or attempts to procure or persuade any officer or soldier to absent himself without leave; or,

(2) Knowing that an officer or soldier is about to desert or absent himself without leave, aids or assists him in deserting or absenting himself without leave; or,

(3) Knowing an officer or soldier to be a deserter or absentee without leave, conceals such officer or soldier, or aids or assists him in concealing himself or aids or assists in his rescue,

shall be liable, on summary conviction, to be imprisoned with or without hard labour for a term not exceeding six months

Penalty for interference with military duties, etc.

189. —Any person who—

(a) wilfully obstructs, impedes, or otherwise interferes with any officer or soldier in the execution of his duties; or,

(b) wilfully produces any disease or infirmity in, or maims or injures, any man whom he knows to be a soldier with a view to enabling such a man to avoid military service; or,

(c) with the intent of enabling a soldier to render himself, or induce the belief that he is, permanently or temporarily unfit for service, supplies to or for such soldier any drug or preparation calculated to, or likely to render him, or lead to the belief that he is, permanently or temporarily, unfit for service,

shall be liable, on summary conviction, to a term of imprisonment for a term not exceeding six months or to a fine not exceeding one hundred pounds, or to both such imprisonment and fine.

Apprehension of deserters.

190. —With respect to deserters and absentees without leave, the following provisions shall have effect:—

(1) Upon reasonable suspicion that a person is a deserter or absentee without leave, it shall be lawful for any constable, or if no constable can be immediately met with, then for any officer or soldier or other person, to apprehend such suspected person and forthwith to bring him before a Court of Summary Jurisdiction.

(2) Any person having authority to issue a warrant for the apprehension of a person charged with crime may, if satisfied by evidence on oath, that a deserter or absentee without leave, is or is reasonably suspected to be, within his jurisdiction, issue a warrant authorising such deserter or absentee without leave to be apprehended and brought forthwith before a Court of Summary Jurisdiction.

(3) Where a person is brought before a Court of Summary Jurisdiction charged with being a deserter or absentee without leave under this Act, such Court may deal with the case in like manner as if such person were brought before the Court charged with an indictable offence.

(4) The Court, if satisfied either by evidence on oath or by the confession of such person that he is a deserter or absentee without leave, shall forthwith, as it may seem to the Court most expedient with regard to his safe custody, cause him either to be delivered into military custody in such manner as the Court may deem most expedient, or, until he can be so delivered, to be committed to some prison, police station, or other place legally provided for the confinement of persons in custody, for such reasonable time as appears to the Court reasonably necessary for the purpose of delivering him into military custody.

(5) Where the person confesses himself to be a deserter or absentee without leave, and evidence of the truth or falsehood of such confession is not then forthcoming, the Court shall remand such person for the purpose of obtaining information as to the truth or falsehood of such confession, and for that purpose the Court shall transmit to the Minister a return (in this Act referred to as a descriptive return) containing such particulars and being in such form as is specified in the Seventh Schedule to this Act, as may be from time to time directed by the Minister.

(6) The Court may from time to time remand the said person for a period not exceeding eight days in each instance, and not exceeding in the whole such period as appears to the Court reasonably necessary for the purpose of obtaining the said information.

(7) Where the Court causes a person either to be delivered into military custody or to be committed as a deserter or absentee without leave, the Court shall send to the Minister, or as he may direct, a descriptive return in relation to such deserter or absentee without leave, for which the Clerk of the Court shall be entitled to a fee of two shillings.

(8) The Minister shall direct payment of the said fee.

(9) Where a person surrenders himself to a constable in Saorstát Eireann as being a deserter or absentee without leave, the officer of police in charge of the police station to which he is brought, shall forthwith inquire into the case, and if it appears that that person is a deserter or absentee without leave, he may cause him to be delivered into military custody without bringing him before a Court of Summary Jurisdiction under this Section, and in such case shall send to the Minister, or as he may direct, a certificate signed by himself as to the fact, date and place of such surrender.

Penalty on trafficking in commissions.

191. —Every person who negotiates, acts as agent for, or otherwise aids or connives at—

(1) The sale or purchase of any commission in the Forces; or,

(2) The giving or receiving of any valuable consideration in respect of any promotion in or retirement from such Forces, or any employment therein; or,

(3) Any exchange which is made in manner not authorised by regulations for the time being in force and in respect of which any sum of money or other consideration is given or received;

shall be liable on conviction on indictment or information to a fine of one hundred pounds, or to imprisonment for any period not exceeding six months, and if an officer, on conviction by Court-Martial, to be dismissed from the Forces.

Penalty on purchasing from soldiers regimental necessaries, equipment, stores, etc., and for unlawful possession of military certificates, etc.

192. —(1) Every person who—

(a) Buys, exchanges, takes in pawn, detains or receives from any person, on any pretence whatsoever; or,

(b) Solicits or entices any person to sell, exchange, pawn, or give away; or

(c) Assists or acts for any person in selling, exchanging, pawning, or making away with,

any of the property following, namely, any arms, ammunition, equipments, instruments, regimental necessaries, or clothing issued for the use of officers or soldiers, or any military decorations of an officer or soldier, or any furniture, bedding, blankets, sheets, utensils, and stores in regimental charge, or any provisions or forage issued for the use of an officer or soldier, or his horse, or any horse employed in the service, shall, unless he proves either that he acted in ignorance of the same being such property as aforesaid, or that the same was sold by order or with the consent of the Minister or some competent military authority, or that the same was the personal property of an officer who had retired or ceased to be an officer, or a soldier who had been discharged, or of the legal personal representatives of an officer or soldier who had died, be liable, on summary conviction, to a fine not exceeding twenty pounds, together with treble the value of any property of which such offender has become possessed by means of his offence, or to imprisonment, with or without hard labour, for a term not exceeding six months, or to both such fine and imprisonment.

(2) Where any such property as is above in this Section mentioned is found in the possession or keeping of any person, such person may be taken or summoned before a Court of Summary Jurisdiction, and if such Court have reasonable ground to believe that the property so found was stolen, or was bought, exchanged, taken in pawn, obtained or received in contravention of this Section, then if such person does not satisfy the Court that he came by the property so found lawfully and without any contravention of this Act, he shall be liable on summary conviction to the same penalties as are prescribed in the case of a contravention of the last preceding sub-section.

(3) A person charged with an offence against this Section, and the wife or husband of such person may, if he or she think fit, be sworn and examined as an ordinary witness in the case.

(4) A person found committing an offence against this Section may be apprehended without warrant, and taken, together with the property which is the subject of the offence, before a Court of Summary Jurisdiction; and any person to whom any such property asabove mentioned is offered to be sold, pawned, or delivered, who has reasonable cause to suppose that the same is offered in contravention of this Section, may, and if he has the power shall, apprehend the person offering such property and bring him before a Court of Summary Jurisdiction

(5) A Court of Summary Jurisdiction, if satisfied on oath that there is reasonable cause to suspect that any person has in his possession or on his premises, any property on or with respect to which any offence in this Section mentioned has been committed, may grant a warrant to search for such property, as in the case of stolen goods; and any property found on such search shall be seized by the officer charged with the execution of such warrant, who shall bring the person in whose possession the same is found before some Court of Summary Jurisdiction, to be dealt with according to law.

(6) For the purpose of this Section, property shall be deemed to be in the possession or keeping of a person if he knowingly has it in the actual possession or keeping of any other person or in any house, building, lodging, apartment, field or place, open or enclosed, whether occupied by himself or not, and whether the same is so had for his own use or benefit or for the use or benefit of another.

(7) Articles which are public stores within the meaning of the Public Stores Act, 1875, and are not included in the foregoing description, shall not be deemed to be stores issued as regimental necessaries or otherwise within the meaning of Section thirteen of that Act.

(8) Every person who—

(a) Receives, detains or has in his possession any identity certificate, life certificate or other certificate, or official document evidencing or issued in connection with the right of any person to a military pension pay or reserve pay, or to any bounty, allowance, gratuity, relief, benefit or advantage, granted in connection with military service, as a pledge or security for a debt, or with a view to obtaining payment from the person entitled thereto of a debt due either to himself or to any other person; or

(b) Without lawful authority or excuse (the proof whereof shall lie on the accused) has in his possession any such certificate or document, or any certificate of discharge or any other official document issued in connection with the mobilisation or demobilisation of any of the Forces or any member thereof;

shall be liable on summary conviction to the like penalty as for an offence under sub-section (1) of this Section, and any such certificate or other document shall be deemed to be property within the meaning of this Section.

Unauthorised use of decorations, etc.

193. —If—

(1) any unauthorised person uses or wears any military decoration or medal, or medal ribbon, or any badge, wound stripe, or emblem supplied or authorised by the Minister, or any decoration, medal or medal ribbon, badge, wound stripe, or emblem so nearly resembling the same as to be calculated to deceive; or

(2) any person falsely represents himself to be a person who is or has been entitled to use or wear any such decoration, medal or medal ribbon, badge, wound stripe, or emblem as aforesaid; or

(3) any person without lawful authority or excuse supplies or offers to supply any such decoration or medal as aforesaid to any person not authorised to use or wear the same;

he shall be liable on summary conviction to a fine not exceeding twenty pounds or to imprisonment for a term not exceeding three months:

Provided that nothing in this Section shall be deemed to prohibit the wearing or supply of ordinary regimental badges or any brooch or ornament representing the same.