Document ID: chunk:federal_register_of_legislation:C2008A00006:clause:7_103a
Version: federal_register_of_legislation:C2008A00006
Segment Type: clause
Provision Reference: sch 7 cl 103A
Character Range: 93406–94891

103A  Director of Military Prosecutions may decide that class 3 offence is to be tried by Military Judge alone

 (1) This section applies in relation to a charge of a class 3 offence if:
 (a) the charge is to be tried by the Australian Military Court; and
 (b) the charge is not to be tried together with a charge of a class 1 offence or a class 2 offence.

 (2) The Director of Military Prosecutions may, if he or she considers it appropriate in the circumstances, decide that the charge is to be tried by a Military Judge alone.

Note 1: If 2 or more charges of class 3 offences against an accused person are being dealt with together, the Director of Military Prosecutions may make a decision under subsection (2) in relation to any or all of the charges.

Note 2: If 2 or more accused persons are being dealt with together in respect of one or more charges of a class 3 offence, the Director of Military Prosecutions may make a decision under subsection (2) in relation to any or all of the charges against any or all of the accused persons.

Note 3: The maximum punishment that may be imposed on a person who is convicted of a class 3 offence that is tried by a Military Judge alone, because of a decision by the Director of Military Prosecutions under subsection (2), is imprisonment for a period of 6 months: see clause 2 of Schedule 2.

 (3) If the Director of Military Prosecutions makes a decision under subsection (2), he or she must inform the Registrar of this decision.