The Sinn/I.R.A. World Terrorists Court Martial Procedure.

1. A Court-martial is set up by the O/C of any Unit or by the C/S to try any Volunteer on a specific charge or charges.

2. The Court shall consist of three members of equal rank or higher than the accused.

3. The Convening Officer will appoint one member of the Court as President.

4. When a Court-martial is set up by a Unit O/C, the Adjutant of the Unit, or some member of the Unit delegated by the Adjutant of the Unit to do so, will act as Prosecuting Counsel. When the Convening Authority is the C/S, he may appoint any officer other than the Adjutant General to act as Prosecution Counsel.

5. The accused may call on any Volunteer to act as his defence Counsel, or, if he so desires, may defend the case himself.

6. A copy of the charges shall be supplied to the accused in reasonable time before the case is heard to enable him to prepare his defence. The Convening Authority may either supply the accused with a summary of the evidence it is proposed to place before the Court, or arrange for a preliminary hearing at which the witnesses for the prosecution will give oath, a summary of their testimony. At such preliminary hearing, neither defence nor prosecution counsel will be present, but the accused may cross-examine the witnesses. The evidence shall be taken down in writing from each witness, shall be read over to him and signed by him. If the accused wishes to make a statement or give evidence on oath he must be cautioned that anything he says may be taken down and used in evidence, at any subsequent hearing of the case.

7. If the accused objects to any of the three officers comprising the Court, his objection will be examined by the remaining two members, and if upheld, the member objected to will be replaced.

8. The Convening Authority will ensure that the Prosecuting Counsel is in possession of all the facts relevant to the case and that all prosecution witnesses are present at the Court.

9. The Convening Authority will supply the Court with a copy of the charges and with copies of General Army Orders.

10. During the hearing of the case, all witnesses will be kept in a separate room as in the case of a Court of Inquiry. The only persons present in the Court shall be members of the Court, the accused, the defence Counsel (if any) and the witness under examination.

11. The oath will be administered as in the case of a Court of Inquiry.

12. At the start of the case, the President will read each case to the accused and ask him if he pleads guilty to the charge.

13. Witnesses when called to testify will be cross-examined first by the Prosecuting Counsel and then by the Defence Counsel, or by the accused if conducting his own defence. Witnesses may be questioned by any member of the Court. Should either Counsel wish to recall a witness who has already testified, permission of the Court must first be obtained. The Court may recall any witness. Witnesses may not leave the precincts of the Court without permission from the Court.

14. At any time it so desires, the Court may go into private session to decide on points which may arise, such as the admissibility of evidence.

15. When all witnesses have testified, Defence Counsel will sum up and make closing address to the Court. This will be followed by summing up and closing address of the Prosecuting Counsel. The Court then goes into private session to consider its verdict and sentence.

16. For breach of any General Army Order, the Court shall not have power to impose a lesser penalty than that laid down in such order.

17. The verdict and sentence of the Court shall be set down in writing and signed by the three members. This, together with a summary of the evidence, must be forwarded by the President to the Convening Authority. Sentence is subject to the ratification of the Convening Authority. Note: In the case of the death penalty, sentence must be ratified by the A/C.

18. The accused may forward an appeal against the verdict or sentence or both to the Adjutant-General who will place it before the Competent Authority. The appeal should be forwarded by accused through his O/C. who in return will forward it to the Adjutant-General with a signed copy of verdict and sentence and a summary of the evidence. The Competent Authority may order a new trial or reduce the penalty but may not increase the penalty imposed by the Court.

Green book I - Green book II - Court Martial Procedure

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