A NEW system of military discipline extending some of the rights of civilian courts to military personnel has been introduced by Minister for Defence Willie O’Dea.
Under the new system members of the Army, Air Corps and Naval Service facing summary disciplinary action will for the first time have the right to appeal any outcome to a higher, court martial, hearing.
Previously, an appeal could not be made unless the sanction imposed was a financial one.
When appeal hearings over summary matters proceed, soldiers will now be entitled to legal representation.
Summary hearings deal with more minor matters.
The new measures are provided under the Defence (Amendment) Act, 2007, the enactment of which was announced yesterday.
The new legislation has been introduced almost two years after the Bill outlining the changes was first published.
Back then Mr O’Dea said the changes would ensure that the compliance of the military justice system with the European Convention on Human Rights was “put beyond doubt”.
Most of the changes have been informed by the work of the Courts Martial Rules Committee, chaired by Judge Donagh McDonagh. It drafted new rules for courts martial.
Mr O’Dea said he believes the new system brings military disciplinary procedures into line with legal developments in Ireland and internationally.
“It also ensures that members of the Defence Forces have an effective and modern disciplinary system by creating a new system that reflects the civil legal process to the extent possible in a military environment.”
Apart from the changes concerning procedures for summary disciplinary hearings and legal representation, the new Act provides for a range of broader changes.
The new position of an independent military judge has been created and the office holder will decide on many issues concerning military prosecutions.
Until now issues were decided by a jury of officers. Critics of the arrangement argued that because officers report to superiors, the system was not independent of those within the senior ranks.
The new independent military judicial office will be appointed by an independent authority.
The office holder will also decide sentence, and have the power to suspend custodial sentences. They will review custody and decide legal aid applications.
The role of a jury of officers in a court martial will be limited to deciding a verdict.
A new office of independent director of military prosecutions has also been established. The holder will work in a similar manner to the DPP in the civilian system, deciding on all issues relating to the prosecution of offences before courts martial.
The new office has been established to bring as great a degree of independence as possible to the process under which decisions to prosecute are taken.
A centralised courts-martial administration system has also been established.
The office holder, who will be a member of the Defence Forces, will be responsible for the administration of all matters around courts martial. It is believed the creation of the new office will help bring a greater degree of equity to the courts-martial system.