Document ID: chunk:federal_register_of_legislation:F2020L00305:front:0:p18
Version: federal_register_of_legislation:F2020L00305
Segment Type: other
Provision Reference: 
Character Range: 45067–47916

not in writing, shall be recorded to such extent as the judge advocate or the Defence Force magistrate thinks fit; and
             (e)    if the prosecution or the defence so requires, a record shall be made of any particular point in the address by the prosecution or the defence, or in the summing up by the judge advocate.

         (2)    Where the proceedings are recorded electronically, the recorder shall prepare or cause to be prepared a transcript, in writing, which shall be authenticated by the person who made the transcript.

         (3)    If a conviction is recorded, the written record of the proceedings must be certified as true and correct, in writing, by the recorder and the judge advocate or Defence Force magistrate as soon as practicable after the conclusion of the trial.

  53    Inspection of record of proceedings etc during trial

       During a trial by a court martial or Defence Force magistrate, the accused person or the prosecuting officer may, with the permission of the judge advocate or Defence Force magistrate:

             (a)        have a particular part of the record of proceedings read or played over to the accused person or the prosecuting officer, as the case may be; and
             (b)       if proper precautions are taken for its safety, inspect an exhibit.

  54    Loss of original record of proceedings

         (1)    If, at any time, the whole or any part of the original record of proceedings before a court martial or Defence Force magistrate is lost, a valid and sufficient record of the proceedings for all purposes may be made by the signature of a prescribed person being affixed to a copy of the record of proceedings.

         (2)    In this rule, prescribed person means:

             (a)    in relation to proceedings before a court martial or a judge advocate — the judge advocate; or
             (b)    in relation to proceedings before a Defence Force magistrate — the Defence Force magistrate.

  55    Exhibits

         (1)    Subject to subrule (2), any document or thing admitted in evidence at a trial by a court martial or Defence Force magistrate shall be made an exhibit.

         (2)    Where the court martial or Defence Force magistrate is satisfied that a copy of, or an extract or relevant parts from, a document or book admitted in evidence is correct, the court martial or Defence Force magistrate may make the copy or extract an exhibit in place of the document or book.

  56    Relief from Rules

       A judge advocate or Defence Force magistrate may dispense with compliance with any of the requirements of these Rules, either before or after the occasion for compliance arises.

Schedule 1     Statement of offences
   (subrule 10(4))

Part 1  Offences against Defence Force Discipline Act 1982

Item  Provision                        Offence