Document ID: chunk:federal_register_of_legislation:F2020L00305:front:0:p8
Version: federal_register_of_legislation:F2020L00305
Segment Type: other
Provision Reference: 
Character Range: 18479–21292

accused person may, at any time before:

             (a)    at a trial by court martial — the judge advocate begins to sum up; or
             (b)    at a trial by Defence Force magistrate — the Defence Force magistrate makes a finding on the charge;
       recall a witness by leave of the judge advocate or Defence Force magistrate.

         (2)    After the witnesses for the defence have given their evidence, the prosecuting officer may, by leave of the judge advocate or Defence Force magistrate, call a witness to give evidence on any matter raised by the accused person in the accused person's defence in respect of which evidence could not properly have been adduced, or which could not reasonably have been foreseen, by the prosecution before the accused person presented his or her defence.

         (3)    The service tribunal may, at any time before:

             (a)    at a trial by court martial — the judge advocate begins to sum up; or
             (b)    at a trial by Defence Force magistrate — the Defence Force magistrate makes a finding on the charge;

       call or recall a witness if, in the opinion of the judge advocate or Defence Force magistrate, it is in the interests of justice to do so.

         (4)    When a witness is called or recalled under this rule, the accused person and the prosecuting officer may put such questions to the witness as seem proper to the judge advocate or Defence Force magistrate.

  19    Witnesses to reply forthwith

         (1)    Subject to subrule (2), a witness appearing before a court martial or Defence Force magistrate shall reply forthwith to each question put to the witness.

         (2)    Where a question is objected to or a witness claims privilege, the witness shall not answer the question unless the objection or claim is overruled by the judge advocate or Defence Force magistrate.

  20    Expenses for witnesses

         (1)    A person (other than a defence member) summoned to appear as a witness before a court martial or Defence Force magistrate shall be paid such fees, and allowances for expenses, in respect of the witness's attendance as the appropriate authority thinks fit to allow in accordance with the scale in the Public Works Committee Regulation as in force from time to time under the Public Works Committee Act 1969.

         (2)    At the request of the appropriate authority, the functions in subrule (1) are to be carried out by:

             (a)    the Chief of the Defence Force; or
             (b)    a delegate of the Chief of the Defence Force of at least the rank of Colonel (or an equivalent rank); or
             (c)    the Director of Military Prosecutions.

Part 4          Registrar

  21    Registrar may liaise with certain persons

       In order to fulfil a function or a duty