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18 1954

DEFENCE ACT, 1954

PART VI.

Offences in relation to the Defence Forces and Military Property.

Recruits punishable for false answers.

252. —If any person knowingly makes a false answer to any question, contained in an attestation paper, which has been put to him by or by the direction of the officer before whom he appears for the purpose of being attested in accordance with recruiting regulations, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and imprisonment.

Punishment for pretending to be a deserter or an absentee.

253. —Any person who falsely represents himself to any military or civil authority to be a deserter or an absentee shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and imprisonment.

Incitement to disaffection, etc.

254. —(1) Any person who by any means whatsoever incites or attempts to incite any person subject to military law—

(a) to mutiny, or

(b) to refuse to obey lawful orders given to him by a superior officer, or

(c) to refuse, neglect or omit to perform any of his duties, or

(d) to commit any other act in dereliction of his duty,

shall be guilty of a misdemeanour and shall be liable on conviction thereof to imprisonment for a term not exceeding two years.

(2) Any person who has, without lawful excuse, in his possession or under his control any document of such a nature that the dissemination thereof amongst members of the Defence Forces would be an offence under subsection (1) of this section, shall be guilty of a misdemeanour and shall be liable on conviction thereof to imprisonment for a term not exceeding two years.

Punishment for inducing, etc., members of the Defence Forces to desert.

255. —Any person who by any means whatsoever—

(a) procures or persuades or attempts to procure or persuade any person subject to military law to desert or absent himself without leave, or

(b) procures or persuades or attempts to procure or persuade any reservist to desert or absent himself without leave within the meaning of section 243, or

(c) knowing that a person subject to military law is about to desert or absent himself without leave, aids or assists him in deserting or absenting himself without leave, or

(d) knowing that a reservist is about to desert or absent himself without leave within the meaning of section 243, aids or assists him in so deserting or absenting himself without leave, or

(e) knowing any person subject to military law to be a deserter or an absentee, conceals such person or aids or assists in concealing him or aids or assists in his rescue, or

(f) knowing any reservist to be a deserter or an absentee without leave within the meaning of section 243, conceals such man or aids or assists in concealing him or aids or assists in his rescue,

shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and imprisonment.

Penalty for unlawful recruiting or interfering with recruiting.

256. —(1) If any person without due authority, the proof of which authority shall lie on such person,—

(a) acts or purports to act as a recruiter or a person authorised to enlist recruits, or

(b) publishes or causes to be published notices or advertisements for the purpose of procuring recruits for the Defence Forces, or in relation to recruits for the Defence Forces, or

(c) receives any person under any such advertisement,

he shall be guilty of an offence under this subsection.

(2) If any person—

(a) wilfully utters, prints or publishes anything calculated to obstruct or interfere with recruitment for the Defence Forces, or

(b) directly or indirectly interferes with the recruiting service of the Defence Forces,

he shall be guilty of an offence under this subsection.

(3) Every person guilty of an offence under subsection (1) or (2) of this section shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

Penalty for interference with military duties, etc.

257. —Any person—

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

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

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

shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and imprisonment.

Penalty for personation.

258. —(1) Any person who—

(a) falsely and deceitfully personates any person with intent fraudulently to obtain any military pay, reward, pension, allowance, grant or gratuity or any sum payable in respect of military service or any property or money in the possession of the military authorities, or

(b) falsely represents himself to any military or civil authority to belong to or to be or to have been a particular member of the Defence Forces,

shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months.

(2) Where a reservist commits in the presence of an officer an offence under this section, such officer may without warrant arrest such man and, in that case, shall, as soon as may be, deliver him into the custody of a member of the Garda Síochána to be dealt with according to law.

Statutory declaration in relation to pay, etc.

259. —Where regulations made by the Minister under section 97 provide for proving, by statutory declaration, the identity of the recipient of any payment under the regulations, such declaration may be taken and received by any person specified in that behalf by the regulations.

Penalty for purchasing certain military property.

260. —(1) In this section, the expression “military property” means any property being—

(a) any arms, ammunition (including bombs, grenades or similar missiles), equipment, instruments or clothing issued for the use of members of the Defence Forces, or

(b) any military decoration of a member of the Defence Forces, or

(c) any furniture, bedding, blankets, sheets, utensils or stores in military charge, or

(d) any provisions or forage issued for the use of a member of the Defence Forces or his horse, or

(e) any horse or vehicle employed in the service of the Defence Forces.

(2) (a) If any person—

(i) buys, exchanges, takes in pawn, obtains or receives from any person, on any pretence whatsoever, any military property, or

(ii) solicits or entices any person to sell, exchange, pawn or give away any military property, or

(iii) assists or acts for any person in selling, exchanging, pawning or making away with any military property,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds together with treble the value of any military property of which he has become possessed by means of the offence or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and imprisonment.

(b) Where a person is charged with an offence under this section it shall be a good defence to prove that—

(i) at the time he did the act alleged in the charge, he was unaware that the property in respect of which the charge was made was in fact military property, or

(ii) the said property was sold by order or with the consent of the Minister or some competent military authority, or

(iii) the said property was the personal property of a person who had ceased to be a member of the Defence Forces or of the legal personal representatives of a deceased member of the Defence Forces.

(3) Where any military property is found in the possession or keeping of any person, such person may be brought or summoned before a Justice of the District Court, and if such Justice has reasonable ground to believe that the military 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 such Justice that he came by the military property so found lawfully and without any contravention of this Act, he shall be liable on summary conviction to the same penalties as are specified in subsection (2) of this section in the case of a contravention of that subsection.

(4) A person found committing an offence under this section may be arrested without warrant, and brought, together with the military property which is the subject of the offence, before a Justice of the District Court, and any person to whom any such property 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 arrest without warrant the person offering such military property and deliver him and such military property into the custody of a member of the Garda Síochána to be dealt with according to law.

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

(6) For the purposes of this section, military 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.

Unlawful possession of certificates of discharge, etc.

261. —If any person, without lawful authority or excuse (the proof whereof shall lie on the accused), has in his possession any certificate of discharge of any member of the Defence Forces or any other official document issued in connection with the mobilisation or demobilisation of any part of the Defence Forces or any member thereof, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and imprisonment.

Forgery of certificate of discharge and personation.

262. —If any person—

(a) forges a certificate of discharge or any certificate purporting to be a certificate of discharge, or

(b) utters any such certificate knowing it to be forged, or

(c) obtains or seeks to obtain employment by means of any forged or counterfeit certificate of discharge, or

(d) personates the holder of a certificate of discharge,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence, to imprisonment for a term not exceeding one month or, at the discretion of the court, to a fine not exceeding twenty pounds, and, in the case of a second or subsequent offence, to imprisonment for a term not exceeding three months.

Application of Pension Books (Prohibition of Alienation) Act, 1932.

263. —Every 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 or pay or to any bounty, allowance, gratuity, relief, benefit or advantage granted in connection with military service shall be deemed, for the purposes of the Pension Books (Prohibition of Alienation) Act, 1932 (No. 1 of 1932), to be a document to which the said Act applies, and the said Act shall be construed and have effect accordingly.

Unlawful wearing of uniform.

264. —(1) If any person (not being a member of the Defence Forces) wears, without permission granted by or on behalf of the Minister, any uniform of the Defence Forces or any colourable imitation thereof, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months.

(2) Subsection (1) of this section shall not apply in respect of the wearing of any uniform of the Defence Forces or any colourable imitation thereof in the course of a stage play or other dramatic representation or performance.

(3) In this section the word “uniform” includes any distinctive part of a uniform.

Bringing contempt on uniform.

265. —(1) If any person wears any uniform of the Defence Forces or any dress, having the appearance of, or bearing any of the regimental or other distinctive marks of, any such uniform, in such a manner or in such circumstances as to be likely to bring contempt upon that uniform, such person shall be guilty of an offence under this subsection.

(2) If any person employs any other person to wear any uniform of the Defence Forces or any dress, having the appearance of, or bearing any of the regimental or other distinctive marks of, any such uniform, in such a manner or in such circumstances as to be likely to bring contempt upon that uniform, such first-mentioned person shall be guilty of an offence under this subsection.

(3) Any person who is guilty of an offence under subsection (1) or (2) of this section shall be liable on summary conviction thereof to a fine not exceeding twenty pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months.

Dyeing and conversion of uniforms, etc.

266. —(1) If any person, except under and in accordance with a permit issued by or on behalf of the Minister,

(a) dyes, or receives for the purpose of dyeing, any service textile article or any article which he has reasonable grounds for believing is a service textile article or a converted service textile article, or

(b) converts into another article or receives for the purpose of conversion into another article any service textile article,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

(2) In this section—

the expression “service textile article” means any article of a textile nature issued to or for the use of members of the Defence Forces;

the expression “converted service textile article” means any service textile article which has been converted into another article.

Unauthorised use, etc., of decorations, etc.

267. —(1) If—

(a) any unauthorised person (in this subsection referred to as the offender) uses or wears any article to which this section applies or any colourable imitation thereof, or

(b) any person (in this subsection referred to as the offender) falsely represents himself to be a person who is or has been entitled to wear any article to which this section applies, or

(c) any person (in this subsection referred to as the offender), without lawful authority or excuse (the proof whereof shall lie on such person), supplies or offers to supply any article to which this section applies to a person not authorised to use or wear it,

the offender shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months.

(2) Nothing in subsection (1) of this section shall be construed as rendering unlawful the use, wear or supply of ordinary regimental badges or any brooch or ornament representing those badges.

(3) This section applies to any article, relating to or connected with service in the Defence Forces, supplied or authorised by the Minister, being—

(a) a decoration, or

(b) a medal ribbon, or

(c) a badge, or

(d) a wound or service stripe, or

(e) rank insignia, or

(f) an emblem.

Penalty for sketching, etc., fortifications, etc., and trespassing thereon.

268. —(1) If any person, without lawful authority, makes or attempts to make any sketch, drawing, photograph, picture, painting, model or note of any fort, battery, field work, fortification or any military work of defence, aerodrome, barracks, post, magazine, munition factory, stores depot or any other Government property occupied or partly occupied by the Defence Forces or any portion thereof, such person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or, at the discretion of the court, imprisonment for any term not exceeding twelve months, and all sketches, drawings, photographs, pictures, paintings, models and notes and all tools and all materials or apparatus for sketching, drawing, photographing, painting or modelling found in his possession shall be forfeited and may be destroyed, sold or otherwise disposed of as a Minister of State directs.

(2) If any person, without lawful authority, enters or approaches any fort, field work, fortifications or any military work of defence, aerodrome, barracks, post, magazine, munition factory, stores depot or any other Government property, occupied or partly occupied by the Defence Forces or any portion thereof, with sketching, drawing, photographing, painting or modelling materials or apparatus in his possession, with the intention of commiting an offence under subsection (1) of this section, such person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the court, imprisonment for any term not exceeding six months, and all tools and materials or apparatus for sketching, drawing, photographing, painting or modelling found in his possession shall be forfeited and may be destroyed, sold or otherwise disposed of as a Minister of State directs.

(3) If any person trespasses on any fort, battery, field work, fortification or any military work of defence, aerodrome, barracks, post, magazine, munition factory, stores depot, vessel or any other Government property occupied or partly occupied by the Defence Forces or any portion thereof or any land reserved for or forming part thereof, whether any erection, fort, fortification or work of any kind is thereon or not, or any building or land reserved or set apart or used in connection with the administration, accommodation or training of any part of the Defence Forces, such person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds, or at the discretion of the court, imprisonment for any term not exceeding three months.

(4) Any member of the Defence Forces or of the Garda Síochána may without warrant arrest any person who he has reasonable grounds to believe has committed an offence under this section and bring him before a Justice of the District Court to be dealt with according to law.

(5) Any moneys arising on the sale or disposal of any articles forfeited under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.