Defence Forces (Temporary Provisions) Act, 1923

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Position of legal adviser at Courts-Martial.

107.—(1) Any conduct of a legal adviser which would be liable to censure or would be a contempt of court if it took place before the High Court of Saorstát Eireann shall be likewise deemed liable to censure or be deemed a contempt of court in the case of a Court-Martial, and the rules to be prescribed for the practice of Courts-Martial and the guidance of legal advisers shall be binding on legal advisers who appear before such Courts-Martial and any wilful disobedience of such rules shall be professional misconduct and if persevered in be deemed a contempt of court.

(2) Where a legal adviser is guilty of conduct liable to censure or is guilty of a contempt of court the President of the Court-Martial may certify the offence of such legal adviser under his hand to any Court of Law in Saorstát Eireann which has power to commit for contempt and that Court may thereupon enquire into such alleged offence and after hearing any witnesses that may be produced against or on behalf of the person so accused and after hearing any statement that may be offered in defence, punish or take steps for the punishment of such person in like manner as if he had been guilty of contempt of court.

(3) A Court-Martial may, by order under the hand of the President, cause a legal adviser to be removed from the Court who is guilty of such offence as may in the opinion of the Court-Martial require his removal from Court, but in every such case the President shall certify the offence to a Court of Law in the manner provided by sub-section (2) of this Section.