Defence Forces (Temporary Provisions) Act, 1923
|
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. |