Court Martial and Defence Force Magistrate Rules 2020 (Cth)

Court Martial and Defence Force Magistrate Rules 2020

I, MICHAEL JOHN SLATTERY, AM RAN, Judge Advocate General, make the following Rules under section 149 of the Defence Force Discipline Act 1982.

Dated 6 March 2020

Signed

MICHAEL JOHN SLATTERY, AM RAN Judge Advocate General

Contents Part 1 Preliminary 1 Name of Rules 2 Commencement 3 Authority 4 Interpretation 5 Cases not covered by the Act, these Rules or the regulations 6 Summons to accused person 7 Service of summons to appear 8 Instrument for purposes of section 194A of the Act Part 2 Charge sheets and charges 9 Charge sheets 10 Charges 11 How charges to be construed 12 Amendment of charge sheets by judge advocate or Defence Force magistrate 13 Withdrawal of charge Part 3 Witnesses 14 Securing appearance of witness on behalf of accused person 15 Disclosure and notification by the Director of Military Prosecutions or prosecuting officer 16 Exclusion of witness from tribunal hearing room 17 Examination of witness 18 Calling and recalling witnesses 19 Witnesses to reply forthwith 20 Expenses for witnesses Part 4 Registrar 21 Registrar may liaise with certain persons 22 Registrar may consult with services about conduct of proceedings 23 Registrar may consult with services about administrative support for trial proceedings 24 Order referring charge or case to Defence Force magistrate 25 Registrar to provide certain documents 26 Inspection of exhibits before trial Part 5 Courts martial 27 Functions of President 28 Functions of judge advocate 29 Manner of voting of court martial 30 Objections to members of court martial 31 Swearing of court martial Part 6 Defence Force magistrate 32 Functions of Defence Force Magistrate Part 7 Pre-trial proceedings 33 Application for pre-trial hearing 34 Nature of pre-trial hearings Part 8 Evidence 35 Time for service of Notice of previous representation or Tendency/Coincidence notice 36 Notice of previous representation and notices of tendency/coincidence evidence Part 9 Trial Provisions 37 Employment of, objections to, and swearing of recorders and interpreters 38 Administration of oaths and affirmations 39 Application by accused person or prosecuting officer for adjournment of proceedings 40 Right of accused person and prosecuting officer to argue and adduce evidence on matter to be decided 41 Pleading to charges and arraignment 42 Opening address by prosecution 43 Opening address by the defence after opening address by the prosecution 44 Judge advocate or Defence Force magistrate may direct substitution of plea of not guilty 45 Submission of no case to answer 46 Opening address by defence 47 Closing addresses 48 Summing up 49 Evidence as to material facts after conviction on plea of guilty 50 Convicted person's record etc and plea in mitigation 51 Imposition of punishment or order in case of breach of undertaking of good behaviour Part 10 Record of proceedings and exhibits 52 Record of proceedings before court martial or Defence Force magistrate 53 Inspection of record of proceedings etc during trial 54 Loss of original record of proceedings 55 Exhibits 56 Relief from Rules Schedule 1 Statement of offences Part 1 Offences against Defence Force Discipline Act 1982 Part 2 Offences against Defence Force Discipline Regulations 2018 Part 3 Offences against Criminal Code Act 1995 Schedule 2 Form of charge sheet