Document ID: chunk:federal_register_of_legislation:F2023C00098:body:0:p5
Version: federal_register_of_legislation:F2023C00098
Segment Type: other
Provision Reference: 
Character Range: 12790–15688

affirmation declares to be binding on the person's conscience, that the person will, to the best of their ability, truly interpret and translate the proceedings as required.

    (6) The summary authority must not require the defending officer, prosecuting officer, the accused or a witness to disclose any confidential communications related to the proceedings between or among any of them.

    (7) During a summary proceedings the summary authority must give the accused person reasons for:

       (a) Decisions relating to applications or objections,

       (b) Decisions with respect to dealing with the charge(s),

       (c) Decisions upon, and findings with respect to, conviction,

       (d) Punishments and orders, if applicable.

Rule 9  Dealing with charge

    (1) The summary authority must consider the summary of the prosecution case provided under subrules 6(1) and 6(2) prior to making a decision about how to deal with the charge(s).

    (2) The summary authority may request from the accused person, or their defending officer, and the prosecuting officer whether any elements or facts relevant to the elements of the offence(s) with which the accused has been charged have been agreed.

    (3) The summary authority cannot compel an accused person to agree to any facts.

    (4) The summary authority is required to determine how to deal with the charge(s) and is to:

       (a) Confirm that the accused person has been provided with the opportunity to make an up-front election for trial pursuant to section 111C of the Act if applicable;

       (b) Inquire whether the accused person has any applications or objections in respect of the charge(s);

       (c) Have regard to the application of sections 108A, 109 or 110 of the Act;

       (d) Subject to the Act, refer the charge(s) to another summary authority.

    (5) If the summary authority decides to try the charge(s) the summary authority is required to give sufficient notice of the date, time and place of the hearing to the accused person, their defending officer and the prosecuting officer as is reasonable to enable the preparation for a plea in respect of the offence(s) charged.

         Rule 10  Withdrawal of election to be heard by court martial or Defence Force magistrate referred back to summary authority by Director of Military Prosecutions

Where an accused person has made an up-front or in-trial election for trial by court martial or Defence Force magistrate for a non-Schedule 1A offence pursuant to section 111B or 131 of the Act, respectively, if the person withdraws their election under sections 111C(6) or 131AA(6) of the Act and in consequence the Director of Military Prosecutions  refers the charge(s) back to a summary authority pursuant to sections 111C(7)(b) or 131AA(7)(b) of the Act, there is no requirement for that summary authority to offer the accused person another