Defence Act, 1954. Rules of Procedure (Defence Forces), 1954.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: Short title and commencement.
num: 2
paragraphs: Interpretation—Abstract of Evidence.
the Act.
Authorised Officer.
Commanding Officer.
Oath and Swear.
Proper Military Authority.
Subordinate Officer.
Summary of Evidence.
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paragraphs: Application of Rules.
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paragraphs: Revocation.
PART II.—ARREST AND TRIAL.
num: 5
paragraphs: Delay Report.
INVESTIGATION OF CHARGES.
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paragraphs: Investigation by Commanding Officer.
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paragraphs: Reference to and Trial by Authorised Officer of charges against Officers of rank lower than Commandant or Lieutenant-Commander.
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paragraphs: Consideration by accused of his right to trial by court-martial.
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paragraphs: Summary awards may not be increased ; but may be mitigated or reduced, etc.
ORDER FOR TRIAL PURSUANT TO section 181 of the act.
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paragraphs: Trial under section 181—copy of order for, and of proceedings of court of inquiry to be served upon accused.
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paragraphs: Abstract of Evidence.
TAKING OF SUMMARY OF EVIDENCE.
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paragraphs: Summary of Evidence.
FRAMING CHARGES.
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paragraphs: Charge-Sheet and Charge.
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paragraphs: Commencement of Charge-Sheet.
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paragraphs: Contents of Charge.
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paragraphs: Validity of Charge-Sheet.
APPLICATION FOR COURT-MARTIAL.
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paragraphs: Application for Court-martial.
CONVENING COURTS-MARTIAL.
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paragraphs: Procedure for Convening.
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paragraphs: Appointment of Judge-Advocate.
PREPARATION OF DEFENCE.
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paragraphs: Preparation of Defence by accused person.
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paragraphs: Joint trial of several accused persons.
PROCEDURE AT TRIAL—CONSTITUTION OF COURT.
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paragraphs: Assembly of Court.
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paragraphs: Procedure on assembly of Court.
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paragraphs: Inability of officer named as member of Court to attend.
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paragraphs: Adjournment for insufficient number of Officers.
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paragraphs: Court to satisfy itself as to its legal constitution and fitness of accused to stand trial.
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paragraphs: Court to satisfy itself as to amenability of accused, validity of charge.
PROCEDURE AT TRIAL—CHALLENGE AND SWEARING.
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paragraphs: Appearance of Prosecutor, Counsel, etc.
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paragraphs: Proceedings for challenge of members of Court.
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paragraphs: Swearing of Members.
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paragraphs: Swearing of Judge-Advocate and other persons.
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paragraphs: Substitution of Solemn Declaration for Oath.
PROCEDURE AT TRIAL—PROSECUTION.
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paragraphs: Arraignment of accused.
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paragraphs: Objection by accused to Charge.
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paragraphs: Amendment of Charge.
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paragraphs: Special plea to the jurisdiction.
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paragraphs: General plea of " Guilty " or " Not Guilty ".
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paragraphs: Plea in Bar.
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paragraphs: Procedure after plea of " Guilty ".
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paragraphs: Withdrawal of plea of " Not Guilty ".
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paragraphs: Plea of " Not Guilty ". Application for adjournment and case for prosecution.
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paragraphs: Submission as to case for prosecution.
PROCEDURE AT TRIAL—DEFENCE.
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paragraphs: At close of prosecution accused to be informed of his rights.
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paragraphs: Procedure where no evidence as to facts given for defence.
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paragraphs: Procedure where evidence as to facts given for defence by accused only.
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paragraphs: Procedure where evidence as to facts given for defence by accused and other witnesses.
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paragraphs: Procedure where evidence as to facts given for defence by witnesses (other than accused) but not by the accused.
PROCEDURE AT TRIAL—SUMMING-UP.
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paragraphs: Summing-up by Judge-Advocate.
PROCEDURE AT TRIAL—FINDING AND SENTENCE.
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paragraphs: Consideration of finding.
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paragraphs: Form and record of finding.
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paragraphs: Procedure on finding.
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paragraphs: Procedure on conviction.
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paragraphs: Forfeiture of seniority of rank and service for purpose of promotion.
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paragraphs: Recommendation to mercy.
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paragraphs: Pronouncement of sentence and signing and transmission of proceedings.
CONFIRMATION AND REVISION.
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paragraphs: Procedure on revision.
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paragraphs: Promulgation of confirmation or non-confirmation of finding and sentence and direction for re-trial.
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paragraphs: Mitigation, remission or substitution.
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paragraphs: Confirmation notwithstanding technical or other deviation.
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paragraphs: Petition against finding and sentence (other than sentence of death).
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paragraphs: Petition against sentence of death.
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paragraphs: Provisions as to finding of insanity and custody of insane person.
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paragraphs: Effective date of certain sentences.
GENERAL PROVISIONS AS TO PROCEEDINGS OF COURT.
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paragraphs: Seating of members.
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paragraphs: Responsibility of President and Judge-Advocate.
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paragraphs: Power of court over address of Prosecutor and accused.
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paragraphs: Procedure on trial of accused persons together.
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paragraphs: Separate charge-sheets.
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paragraphs: Sitting in open Court.
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paragraphs: Time for trial.
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paragraphs: Continuity of trial and adjournment of Court.
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paragraphs: Suspension of Trial.
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paragraphs: Proceedings on death or illness of accused.
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paragraphs: Presence throughout of all members of Court.
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paragraphs: Taking opinions of members of Court.
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paragraphs: Procedure on incidental question.
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paragraphs: Swearing of Court to try several persons.
num: 78
paragraphs: Swearing of interpreter and shorthand writer.
GENERAL PROVISIONS AS TO WITNESSES AND EVIDENCE.
num: 79
paragraphs: Evidence to be relevant and according to rules in civil courts.
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paragraphs: Judicial notice.
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paragraphs: Calling of all Prosecutor's witnesses.
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paragraphs: Calling of witness whose evidence is not contained in the Summary or Abstract.
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paragraphs: List of witnesses of accused.
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paragraphs: Procuring attendance of witnesses.
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paragraphs: Adjournment of Court for non-attendance of witnesses.
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paragraphs: Withdrawal of witnesses from Court.
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paragraphs: Swearing of witnesses.
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paragraphs: Examination and cross-examination.
num: 89
paragraphs: Mode of questioning witnesses and recording of evidence.
num: 90
paragraphs: Questions to witness by members of Court or Judge-Advocate.
num: 91
paragraphs: Recalling witnesses and calling of witnesses in reply.
COUNSEL AND DEFENDING OFFICER.
num: 92
paragraphs: Counsel—Rights of.
num: 93
paragraphs: Counsel for Prosecutor.
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paragraphs: Counsel for accused.
num: 95
paragraphs: General Rules as to Counsel.
num: 96
paragraphs: Defending Officer.
PROCEEDINGS.
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paragraphs: Record in proceedings of transactions of Court-martial.
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paragraphs: Custody and inspection of proceedings.
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paragraphs: Transmission of proceedings after findings.
num: 100
paragraphs: Preservation of proceedings.
num: 101
paragraphs: Rate of payment for copies of proceedings.
num: 102
paragraphs: Loss or destruction of proceedings.
JUDGE-ADVOCATE.
num: 103
paragraphs: Death, illness or absence of Judge-Advocate.
num: 104
paragraphs: Powers and duties of Judge-Advocate.
EXCEPTION FROM RULES.
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paragraphs: Suspension of Rules on the ground of service exigencies or the necessities of discipline.
PART III.—COURTS OF INQUIRY.
num: 106
paragraphs: Definition.
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paragraphs: Convening Authorities.
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paragraphs: Composition.
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paragraphs: Assessors—Appointment and functions of.
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paragraphs: Convening of.
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paragraphs: Witness subject to military law—attendance of, and production of documents.
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paragraphs: Witness not subject to military law—attendance of.
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paragraphs: Further witnesses.
num: 114
paragraphs: Appointment of new members.
num: 115
paragraphs: Court to continue unless reduced below legal minimum.
num: 116
paragraphs: Procedure at.
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paragraphs: Procedure where military reputation or character is adversely affected.
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paragraphs: Proceedings or findings—signature of.
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paragraphs: Proceedings, transmission of.
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paragraphs: Re-assembly of.
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paragraphs: Proceedings of—when admissible in evidence.
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paragraphs: Findings not admissible in evidence.
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paragraphs: Copy of proceedings and findings, when furnished.
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paragraphs: Illegal Absence, Additional matters.
PART IV.—BOARDS.
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paragraphs: Definition.
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paragraphs: Convening Authorities.
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paragraphs: Composition.
num: 128
paragraphs: Procedure.
PART V.—DECLARATION AND PRESCRIPTION OF PRESCRIBED OFFICERS, PRESCRIBED AUTHORITIES, AND PRESCRIBED PERSONS FOR THE PURPOSES OF PART V (EXCEPT CHAPTERS IV AND X) OF the Act.
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paragraphs: Prescribed Officer.
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paragraphs: Prescribed Authority.
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paragraphs: Prescribed Person.
PART VI.—MISCELLANEOUS.
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paragraphs: Exercise of powers vested in holder of military office.
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paragraphs: Cases unprovided for.
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paragraphs: Orders for commitment, transfer and release, etc.
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paragraphs: Forms in Appendices.
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paragraphs: Reports and applications to superior authority.
APPENDICES.
APPENDIX I.
Form of Order for trial by Court-martial without previous investigation.
APPENDIX II.
Form of Summons to a Civilian Witness in the case of a Summary of Evidence.
APPENDIX III.
Form of Application for a Court-martial.
APPENDIX IV.
Form of Order for the assembly of a General or Limited Court-martial.
APPENDIX V.
Form of certificate of conformity with Rule 20.
APPENDIX VI.
Forms of Oaths and Declarations.
APPENDIX VII.
Form of Promulgation of Findings and Sentence and particulars as to confirmation thereof.
APPENDIX VIII.
Form of Petition.
APPENDIX IX.
Form of Notice of Intention to call a witness whose evidence is not contained in the Summary or Abstract of Evidence.
APPENDIX X.
Form of summons to a civilian witness in the case of a Court-martial.
APPENDIX XI.
Court-martial Forms.
APPENDIX XII.
Form of Medical Certificate.
APPENDIX XIII.
Form of Ten day Delay Report.
APPENDIX XIV.
Form of Declaration of Military exigencies or the Necessities of Discipline.
APPENDIX XV.
Form of Notice of Assembly of a Court of Inquiry.
APPENDIX XVI.
Form of Declaration to be entered in the service books pursuant to subsection 3 (b) (ii) of section 174 of the act.
APPENDIX XVII.
Forms of Orders for Commitment, Transfer and Release.
I, SEAN MacEOIN, Minister for Defence, in exercise of the powers conferred on me by section 240 of the Defence Act, 1954 (No. 18 of 1954), and of every and any other power me in this behalf enabling, do hereby make the following Rules :—
PART I. —PRELIMINARY AND GENERAL.
1 Short title and commencement.
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paragraphs: —(1) These Rules may be cited as the Rules of Procedure (Defence Forces), 1954.
(2) These Rules shall come into operation on the 1st day of January, 1955.
2 Interpretation.
num: 2
paragraphs: —(1) In these Rules :—
abstract of evidence.
" abstract of evidence " means—
(a) except for the purposes of Rule 7, the statement in writing, prepared in accordance with Rule 11 of these Rules, of the evidence of witnesses proposed to be called at the trial by Court-martial of an accused person,
(b) for the purposes of Rule 7, a statement in writing of the evidence of the witnesses (including the evidence or statement, if any, of the accused) heard by a commanding officer in accordance with that Rule ;
The act.
" the Act " means the Defence Act, 1954 (No. 18 of 1954) as amended or extended by any subsequent enactment ;
authorised officer.
" authorised officer " means an officer in whom the powers and duties of an authorised officer are vested by virtue of the provisions of Part XV of Defence Force Regulation A.7 ;
commanding officer.
" commanding officer " means, in relation to any person, the Officer declared by subparagraph 3 (1) of Defence Force Regulations A.1 and by subparagraph 67 (2) of Defence Force Regulations A.7 to be his commanding officer ;
oath and swear.
" oath " and " swear " and other expressions relating thereto, include affirmation or declaration, affirm or declare, and expressions relating thereto, in cases where an affirmation or declaration is by law allowed instead of an oath ;
proper military authority.
" proper military authority " when used in relation to any jurisdiction, power, duty, act or other matter, means such military authority as, in pursuance of Regulations made under the Act, or the custom of the service, exercises or performs that jurisdiction, power or duty or is concerned with that act or matter ;
subordinate officer.
" subordinate officer " means an officer to whom power is delegated under subsection (1) of section 179 of the act to dispose of charges against privates or seamen ;
summary of evidence.
" summary of evidence " means the evidence in relation to a charge against an accused, taken down in writing in accordance with Rule 12 of these Rules, and includes any statement made by the accused and taken down in accordance with paragraph (4) of the said Rule 12 and any further statement of evidence included in the summary of evidence in accordance with paragraph (7) of the said Rule 12.
(2) Time for the purpose of any proceedings or other matter under these Rules shall be reckoned exclusive of Sunday, Good Friday, Christmas Day and St. Patrick's Day, but any time reckoned for the purposes of Rule 5 or Rule 60 of these Rules or of any punishment or of any forfeiture or deduction of pay shall include those days.
(3) The Interpretation Act, 1937 (No. 38 of 1937), applies to these Rules.
3 Application of Rules.
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paragraphs: These Rules shall apply everywhere, whether within or without the State.
4 Revocation.
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paragraphs: —(1) The Rules of Procedure (Defence Forces), 1946 ( S. R. & O. No. 35 of 1946 ), and the Rules of Procedure (Defence Forces), 1949 ( S.I. No. 112 of 1949 ), are hereby revoked.
(2) Any Court-martial, proceeding or thing held, done or commenced under the Rules revoked by paragraph (1) of this Rule shall be as valid and may be completed and carried into effect as if such Court-martial, proceeding or thing held, done or commenced had been held, done or commenced under these Rules.
PART II. —ARREST AND TRIAL.
5 Delay report.
num: 5
paragraphs: Where a person subject to military law (not on active service) is detained in service custody for a period of ten days without having his case summarily disposed of or without an application being forwarded in accordance with Rule 17 of these Rules for the trial of such person, the commanding officer or other officer who should cause the summary or abstract of evidence to be taken or prepared, shall forthwith report to the person, to whom such application would be made, on the steps taken in the case and on the necessity for continued custody. A similar report shall be forwarded every ten days until a Court-martial is assembled or the person is released from custody. The reports required by this Rule shall be in the form prescribed in Appendix XIII to these Rules.
INVESTIGATION OF CHARGES.
6 Investigation by commanding officer.
num: 6
paragraphs: —(1) The commanding officer shall cause the person preferring the charges, together with all available witnesses mentioned on the charge-sheet, and also the accused and any available witnesses desired by the accused, and any other available witnesses of whomhe may learn, to appear before him at a stated time (to be fixed either by Standing Orders or otherwise) at his office or headquarters or other available place, within 24 hours (where practicable) of receipt by him of the charges, with all available evidence, including the service record of the accused, and shall there informally investigate the charges. No counsel or representative shall (save in capital cases) be allowed to appear for the accused or for the prosecution. At such investigation full opportunity shall be given to the accused to cross-examine the witnesses whose statements are unfavourable to him, and to present anything he may desire on his own behalf, either in defence or mitigation, and all available witnesses requested by the accused shall be called and examined. Witnesses who are not subject to military law may be summoned in accordance with the Defence Forces (Summoning of Civilian Witnesses) Regulations, 1954.
(2) If, upon such informal investigation, the commanding officer in his discretion considers that the charge should not be proceeded with he shall dismiss the charge. If it appears to him that there is no substantial evidence tending to show that an offence has been committed or no substantial evidence tending to show that the accused is guilty of the offence charged, he shall dismiss the charge ; but if in any case he finds there is substantial evidence tending to show that the accused (whether or not probably guilty of the offence, or some of the offences, charged) is guilty of some other offence or offences, he may permit new or additional or amended charges to be preferred (or may himself prefer them) and proceed as if such new or additional or amended charges had been among the charges originally before him.
(3) In case the accused is a person subject to military law as a man, the witnesses against him shall, if he so demands, be sworn.
(4) The provisions of this Rule and of Rules 7, 12, 17 and paragraph (5) of Rule 18 shall so far as they are applicable, apply to the investigation of a charge by an officer appointed by the Adjutant-General so to do pursuant to the provisions of subsection (1) of section 177 of the act.
7 Reference to and trial by authorised officer of charges against officers of rank lower than Commandant or Lieutenant-Commander.
num: 7
paragraphs: —(1) Where the accused is an officer holding a commissioned rank lower than that of Commandant or Lieutenant-Commander, and the charge against him is referred for trial to an authorised officer, the commanding officer shall either (a) prepare an abstract in writing of the evidence of the witnesses who gave evidence before him, or (b) take or cause to be taken a summary of evidence in writing of the witnesses who gave evidence before him and of any other witnesses whose evidence is relevant, and the provisions of Rule 12 of these Rules shall apply to such summary of evidence. The abstract or the summary of evidence, as the case may be, shall be forwarded to the authorised officer and a copy thereof shall be supplied gratis to the accused not less than 24 hours before his trial before the said authorised officer.
(2) Where a charge is referred by a commanding officer for trial by an authorised officer, the provisions of Rule 6 of these Rules shall apply, in so far as they are applicable, to such trial, but subject to the following provisions, that is to say :—
the authorised officer—
(a) shall, after hearing the evidence or without hearing the evidence, dismiss the charge, if in his discretion he considers it should not be proceeded with ;
(b) may, if the accused so consents, dispense with the attendance of the witnesses but, in such case, shall read the abstract or summary of evidence which has been prepared or taken in accordance with the requirements of paragraph (1) of this Rule.
8 Consideration by accused of his right to trial by court-martial.
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paragraphs: —(1) Where a commanding officer or an authorised officer proposes to make an award or an order which will entitle the accused to elect to be tried by court-martial, he shall inform the accused of the nature of such award or order and of his right to be tried by court-martial, and shall thereupon adjourn the case for twenty-four hours, provided always that if the accused upon being so informed of the nature of such award or order and of his right to elect to be tried by court-martial desires to be dealt with summarily, the commanding officer or authorised officer may then and there proceed to deal with the case summarily.
(2) Where a case has been adjourned pursuant to the provisions of paragraph (1) of this Rule the commanding officer or authorised officer shall, upon the accused again appearing before him, either remand him for trial by court-martial or proceed to deal with the case summarily, according as the accused may desire.
9 Summary awards may not be increased but may be mitigated or reduced, etc.
num: 9
paragraphs: When a commanding officer or an authorised officer or a subordinate officer has once awarded punishment for an offence he may not afterwards increase that punishment, but he may, at any time prior to the publication of that punishment in the appropriate routine orders, mitigate or reduce such punishment or substitute for it any less punishment which he might have awarded for that offence.
ORDER FOR TRIAL PURSUANT TO section 181 of the act.
10 Trial under section 181—copy of order for, and of proceedings of court of inquiry to be served upon accused.
num: 10
paragraphs: —Where a person subject to military law has been ordered to be tried by court-martial pursuant to the provisions of section 181 of the act, a true copy of the order shall be served upon the accused by an officer. The fact and date of service of such copy order shall be endorsed upon the original order by the officer effecting service and the order shall be returned to the officer who made it. The order shall be in the form prescribed in Appendix I to these Rules. At the same time as the true copy of the above mentioned order is served upon the accused, a copy of the proceedings and findings of the court of inquiry which was held in respect of matters relating to the alleged offence on which the accused is to be tried shall be delivered to the accused (gratis) by the officer serving the true copy of the said order
11 Abstract of evidence.
num: 11
paragraphs: Where a person subject to military law has been ordered to be tried by court-martial pursuant to the provisions of section 181 of the act, the officer designated in that behalf in the order shall cause to be prepared a statement in writing of the evidence of the witnesses proposed to be called for the prosecution at the trial, without such statement being taken in the presence of the person so ordered to be tried, and shall then proceed as directed by Rule 17 of these Rules.
TAKING OF SUMMARY OF EVIDENCE.
12 Summary of evidence
num: 12
paragraphs: —(1) When—
(a) an accused has been remanded for trial by court-martial, or
(b) a charge against an accused holding a commissioned rank lower than that of Commandant or Lieutenant-Commander has been referred for trial to an authorised officer and the accused's commanding officer has directed that a summary of evidence should be taken,
the evidence of all the witnesses who gave evidence against the accused, in the case of a remand for trial by court-martial before the authorised officer or the commanding officer, and in the case of the reference of a charge for trial to an authorised officer before the commanding officer, and of any other witness whose evidence is relevant shall be taken down in writing in the presence of the accused before the commanding officer or an officer acting on his behalf.
(2) The accused may put questions in cross-examination to any witness, and the questions with the answers shall be added in writing to the evidence taken down.
(3) The evidence of each witness, when taken down as provided in paragraphs (1) and (2) of this Rule, shall be read over to him and shall be signed by him or, if he cannot write his name, shall be attested by his mark and witnessed.
(4) After all the evidence against him has been recorded, the accused shall be asked " Do you wish to make any statement or to give evidence upon oath ? You are not obliged to say anything or give evidence unless you wish to do so, but whatever you say or any evidence you give will be taken down in writing, and may be given in evidence ". Any statement or evidence of the accused shall be taken down, but he shall not be cross examined on it. If the accused is tried by court-martial, no evidence shall be admitted at the trial of any statement or evidence he may have made or given at the taking of the summary of evidence before the above caution was given to him.
(5) The accused may call and examine witnesses in his defence and their evidence shall be taken as provided in the case of witnesses called for the prosecution.
(6) Save as provided with regard to the accused in paragraph (4) of this Rule, the evidence of all witnesses shall be taken on oath, and the oath shall be administered by the officer taking the summary in the same form as is provided for a witness at a court-martial.
(7) If a person cannot be compelled to attend as a witness or if, owing to the exigencies of the service or on other grounds (including the expense and loss of time involved), the attendance of any witness cannot in the opinion of the officer taking the summary (to be certified by him in writing) be readily procured, a written statement of such person's evidence purporting to be signed by him may be read to the accused and included in the summary of evidence ; provided that, if such person can be compelled to attend, the accused may demand that he shall attend for cross-examination.
(8) The officer taking the summary may put such questions to witnesses as he may find necessary to elicit the facts relevant to the charges, but he shall not cross-examine the accused.
(9) No counsel or representative shall (save in capital cases) be allowed to appear for the accused or for the prosecution at the taking of the summary.
(10) Any witness who is not subject to military law may be summoned to attend under the hand of the commanding officer of the accused. The summons to such witness shall be in the form prescribed in Appendix II to these Rules and shall be served on the witness either personally or by leaving it with some person at his last known or most usual place of abode.
(11) Nothing in this Rule shall be construed so as to require a summary of evidence to be taken after the remand for court-martial by an authorised officer of an accused officer holding a commissioned rank lower than that of Commandant or Lieutenant-Commander in whose case a summary of evidence has been taken before his trial by an authorised officer, unless such authorised officer so directs.
(12) An additional summary or summaries of evidence may be taken by or on behalf of the commanding officer or the authorised officer in the same manner as is herein provided for a summary of evidence.
FRAMING CHARGES.
13 Charge-sheet and charge.
num: 13
paragraphs: —(1) A charge means an accusation contained in a charge-sheet that a person amenable to military law has been guilty of an offence.
(2) A charge-sheet shall contain the whole issue or issues to be tried by a court-martial at one time.
(3) A charge-sheet may contain one or more charges but each charge shall allege only one offence.
(4) A charge-sheet may contain alternative charges.
14 Commencement of charge-sheets.
num: 14
paragraphs: Every charge-sheet shall begin with the name and description of the person charged and should state his number, rank, name and unit (if any) and where he does not at the time of the trial belong to the Permanent Defence Force should show by the description of him, or directly by an express averment, that he is amenable to military law in respect of the offence charged.
15 Contents of charge.
num: 15
paragraphs: —(1) Each charge should state one offence only, and in no case should an offence be described in the alternative in the same charge.
(2) Each charge should be divided into two parts :—
(a) the statement of the offence ; and
(b) the statement of the particulars of the Act, neglect or omission constituting the offence.