Document ID: chunk:federal_register_of_legislation:F2020L00305:front:0:p15
Version: federal_register_of_legislation:F2020L00305
Segment Type: other
Provision Reference: 
Character Range: 37214–40005

of the Act) before the tribunal arraigns and tries the person on a charge in another charge sheet.

         (4)    Where:

             (a)    an accused person is convicted by a court martial or Defence Force magistrate of a charge that is 1 of 2 or more charges stated in the charge sheet in the alternative, the person shall not be convicted by the court martial or Defence Force magistrate of any charge that is alternative to the charge of which the person has been convicted and that is placed after it on the charge sheet.
             (b)    an accused person pleads not guilty to a service offence, but guilty to another service offence that is averred on the charge sheet in the alternative to the first mentioned service offence, and the prosecution consents to the acceptance of the plea to the alternative, the trial shall proceed as if the accused had not been charged with the first –mentioned offence.

  42    Opening address by prosecution

       Before the first prosecution witness is called to give evidence at a trial by a court martial or Defence Force magistrate, the prosecuting officer shall make an opening address to the tribunal, stating briefly:

             (a)        the elements of the offence charged that have to be proved before the accused person can be convicted; and
             (b)       the alleged facts upon which the prosecuting officer will rely to support the charge; and
             (c)        the nature of the evidence that the prosecuting officer proposes to adduce to prove the alleged facts.

  43    Opening address by the defence after opening address by the prosecution

       With leave of the judge advocate or Defence Force magistrate the accused person may make a brief opening limited to identifying the issues in dispute and not in dispute.

  44    Judge advocate or Defence Force magistrate may direct substitution of plea of not guilty

       Where, at any time during a trial, it appears to the judge advocate or Defence Force magistrate that an accused person who has pleaded guilty does not understand the effect of that plea, the judge advocate or Defence Force magistrate shall substitute the plea to one of not guilty and proceed accordingly.

  45    Submission of no case to answer

       At the close of the case for the prosecution, the accused person may submit to the judge advocate or Defence Force magistrate in respect of a charge that the evidence adduced is insufficient to support the charge.

  46    Opening address by defence

       Where the accused person intends to adduce evidence the person may, before he or she adduces such evidence, make an opening address to the court martial or Defence Force magistrate stating the nature and general effect of the evidence that the person proposes to