Document ID: chunk:federal_register_of_legislation:C2024C00861:section:132:p1
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 132 (pt 1/2)
Character Range: 392702–395370

132  Trial by court martial
 (1) A court martial shall try a charge in accordance with the following provisions:
 (a) before the court martial commences to hear the evidence on the charge, the judge advocate shall ask the accused person whether he or she pleads guilty or not guilty to the charge and, if the accused person pleads guilty and the judge advocate is satisfied that the accused person understands the effect of that plea, the court martial shall convict the accused person;
 (b) if the accused person pleads not guilty or if the judge advocate is not satisfied that the accused person, in pleading guilty, understands the effect of that plea, the court martial shall record a plea of not guilty and proceed to hear the evidence on the charge;
 (c) if the judge advocate, after hearing the evidence on the charge adduced by the prosecution, rules that that evidence is insufficient to support the charge, the court martial shall dismiss the charge;
 (d) if the judge advocate, after hearing the evidence on the charge adduced by the prosecution, rules that that evidence is sufficient to support the charge, the court martial shall proceed with the trial;
 (e) if the court martial finds the accused person not guilty, the court martial shall acquit the accused person;
 (f) if the court martial finds the accused person guilty, the court martial shall convict the accused person;
 (g) if the court martial convicts the accused person, the court martial shall take action under Part IV in relation to the convicted person.
 (2) Where an accused person:
 (a) refuses to plead; or
 (b) does not plead intelligibly;
the court martial shall record a plea of not guilty and proceed accordingly in accordance with subsection (1).
 (3) Where, under paragraph (1)(a), an accused person pleads guilty to a service offence that is one (other than the first) of 2 or more charges stated in the charge sheet in the alternative, the court martial shall:
 (a) if the Director of Military Prosecutions notifies the court martial that he or she does not object to the acceptance of the plea—accept the plea and proceed accordingly in accordance with subsection (1); or
 (b) in any other case—record a plea of not guilty and proceed accordingly in accordance with subsection (1).
 (4) Where an accused person who has pleaded not guilty withdraws his or her plea and pleads guilty, the court martial shall, if the judge advocate is satisfied that the accused person understands the effect of that plea, substitute a plea of guilty for the plea of not guilty and proceed accordingly in accordance with subsection (1).
 (4A) Nothing in subsection (1) shall be taken to require