Document ID: chunk:federal_register_of_legislation:F2020L00305:front:0:p11
Version: federal_register_of_legislation:F2020L00305
Segment Type: other
Provision Reference: 
Character Range: 26758–29484

question of law or procedure.

  28    Functions of judge advocate

       In addition to any functions conferred on the judge advocate by the Act, the regulations or any other rule, the functions of the judge advocate are:

             (a)        subject to subsection 133(6) of the Act, to be present at all sittings of a court martial; and

             (b)       to ensure that the proceedings are conducted in accordance with the Act and these Rules and in a manner befitting a court of justice; and

             (c)        to preside over all hearings conducted in pursuance of subsection 134(2) or 141(7) of the Act and to ensure, at all such hearings, that the proceedings are conducted in accordance with the Act and these Rules and in a manner befitting a court of justice; and
             (d)       to ensure that an accused person who is not represented does not in consequence of that fact suffer any undue disadvantage; and
             (e)        to ensure that a proper record of the proceedings is made and that the record of proceedings and the exhibits (if any) are properly safeguarded.

  29    Manner of voting of court martial

       On any question to be determined by a court martial, the members of the court martial shall vote orally, in order of seniority, commencing with the junior in rank.

  30    Objections to members of court martial

         (1)    Before the members of a court martial are sworn, their names shall be read to the accused person and that person shall be asked whether he or she objects to be tried by any of them.

         (2)    This rule applies in relation to a reserve member or new member who is appointed to a court martial in place of another member in the same way that it applies to an original member of the court martial.

  31    Swearing of court martial

         (1)    After all objections by the accused person to members of the court martial have been dealt with and before the arraignment of the accused person begins, the judge advocate shall, in the presence of the accused person, administer, or cause to be administered, an oath or affirmation to the President and each other member of the court martial.

         (2)    The oath or affirmation to be taken or made by a person for the purposes of this rule is an oath or affirmation that:

             (a)    the person will duly administer justice according to law, without fear or favour, affection or ill will; and
             (b)    the person will well and truly try the accused person or persons before the court martial, according to the evidence; and
             (c)    the person will not disclose the vote or opinion of any member of the court martial unless required to do so in