Document ID: chunk:federal_register_of_legislation:C2024C00861:section:77
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 77
Character Range: 219841–221397

77  Taking other offences into consideration
 (1) Where a convicted person requests a court martial or a Defence Force magistrate to take into consideration, for the purposes of this Part, any other service offence:
 (a) that is similar to the service offence of which the person has been convicted; and
 (b) that the tribunal has jurisdiction to try; and
 (c) that the person admits having committed;
the court martial or the Defence Force magistrate, with the consent of the prosecution, may take the other service offence into consideration.
 (2) A court martial or a Defence Force magistrate shall not impose a separate punishment or make a separate order under subsection 75(1) in respect of a service offence that it has taken into consideration under subsection (1).
 (3) Where:
 (a) a court martial or a Defence Force magistrate does not take a service offence into consideration under subsection (1) by reason of:
 (i) the withholding of consent by the prosecution; or
 (ii) the rejection of the convicted person's request; or
 (b) a reviewing authority, under subsection 162(2), annuls the taking into consideration by a court martial or a Defence Force magistrate of a service offence;
an admission under and for the purposes of paragraph (1)(c) in relation to that service offence is not admissible as evidence in:
 (c) any other proceeding before a service tribunal in respect of that service offence; or
 (d) any proceeding in a civil court in respect of a civil court offence that is substantially the same offence as that service offence.