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Chapter VI.
Punishments awardable by Courts-martial for Offences against Military Law.
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Punishments which may be awarded to officers by courts-martial.
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209.—(1) Punishments may be awarded, in respect of offences against military law committed by persons subject to military law as officers and convicted by court-martial, according to the following scale, that is to say:—
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SCALE.
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A. Death.
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B. Penal servitude for any term not less than three years.
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C. Imprisonment, with or without hard labour, for any term not exceeding two years.
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D. Dismissal with ignominy from the Defence Forces.
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E. Dismissal from the Defence Forces.
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F. Forfeiture in the prescribed manner of seniority of rank, either in the Defence Forces or in the portion thereof in which the offender is serving or in both, or, in the case of an officer whose promotion depends on the length of service, forfeiture of all or any part of his service for the purpose of promotion.
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G. A fine not exceeding twenty-five pounds.
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H. Severe reprimand.
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I. Reprimand.
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(2) For the purposes of this Act in its application to a person subject to military law as an officer, any punishment mentioned in the Scale to subsection (1) of this section shall be deemed to be a punishment less than any punishment mentioned before it in the said Scale.
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(3) Where—
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(a) a person subject to military law as an officer is convicted by court-martial of an offence against military law mentioned in any section contained in Chapter II of this Part, and
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(b) such section provides that on such conviction he shall be liable to suffer a specified punishment or any less punishment awardable by a court-martial.
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the expression “any less punishment awardable by a court-martial” means in such section any punishment mentioned in the Scale to subsection (1) of this section which is less than the specified punishment.
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(4) Save as is otherwise expressly provided in this Act, a person convicted by court-martial of having committed an offence against military law while subject to military law as an officer shall be sentenced to one punishment only.
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(5) Where a court-martial proposes to sentence an officer to penal servitude or imprisonment the court-martial shall, before sentencing him to penal servitude or imprisonment (otherwise than under subsection (2) of section 208), sentence him to dismissal with ignominy from the Defence Forces or dismissal from the Defence Forces and then sentence him to penal servitude or imprisonment.
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(6) An officer sentenced by a court-martial to a fine may be also sentenced to severe reprimand or reprimand.
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(7) An officer sentenced by a court-martial to forfeiture of seniority of rank may be also sentenced to a fine or severe reprimand or reprimand.
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(8) An officer dismissed with ignominy from the Defence Forces shall be disqualified from ever serving the State again in any capacity, civil or military.
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