Document ID: chunk:federal_register_of_legislation:C2008C00443:clause:1_132e
Version: federal_register_of_legislation:C2008C00443
Segment Type: clause
Provision Reference: sch 1 cl 132E
Character Range: 18142–19463

132E  Additional matters about trials by Military Judge alone or with a military jury

 (1) If, under subsection 132B(2) or 132D(2), 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 Military Judge must:
 (a) if the Director of Military Prosecutions notifies the Judge that he or she does not object to the acceptance of the plea—accept the plea and proceed in accordance with section 132B or 132D; or
 (b) in any other case—record a plea of not guilty and proceed in accordance with section 132B or 132D.

 (2) If an accused person who has pleaded not guilty withdraws his or her plea and pleads guilty, the Military Judge must, if the Judge is satisfied that the person understands the effect of that plea, substitute a plea of guilty for the plea of not guilty and proceed in accordance with section 132B or 132D.

 (3) A Military Judge is not required to give a ruling of the kind referred to in subsection 132B(5) or 132D(5) unless:
 (a) the accused person has submitted that the Judge should give the ruling; or
 (b) the interests of justice require that the Judge should give the ruling.

 (4) A Military Judge is not required to give a ruling of the kind referred to in subsection 132B(6) or 132D(6).