Document ID: chunk:federal_register_of_legislation:F2020L00305:front:0:p17
Version: federal_register_of_legislation:F2020L00305
Segment Type: other
Provision Reference: 
Character Range: 42362–45302

may:

             (a)    give evidence, and call witnesses to give evidence, as to the convicted person's character and in mitigation of punishment; and
             (b)    address the court martial or Defence Force magistrate in mitigation of punishment.

         (3)    Rule 17 applies to a witness (including the convicted person) who gives evidence under this rule as if a reference in that rule to the accused person were a reference to the convicted person.

  51    Imposition of punishment or order in case of breach of undertaking of good behaviour

           (1)          This Rule applies to proceedings before a court martial or Defence Force magistrate for the purpose of imposing punishment on a convicted person in respect of a service offence for which the convicted person has given, in accordance with subsection 75(2) of the Act, an undertaking to another court martial or Defence Force magistrate to be of good behaviour for 12 months, and that convicted person is appearing before a court martial or Defence Force magistrate in respect of a conviction for another service office that occurred during the 12 month period of good behaviour.

           (2)          After the service offence has been read to the court martial or Defence Force magistrate, action must be taken in accordance with rules 49 and 50:

              (a)          as if the person had been convicted by that court martial or Defence Force magistrate; and
              (b)          as if the person had pleaded guilty.

Part 10        Record of proceedings and exhibits

  52    Record of proceedings before court martial or Defence Force magistrate

         (1)    Where the proceedings before a court martial or Defence Force magistrate are not recorded electronically, they shall be recorded in sufficient detail to enable the course of the proceedings to be followed, and the merits of the case to be judged, from the record, and in particular:

             (a)    subject to paragraph (b), the evidence shall be taken down in narrative form as nearly as possible in the words used; and
             (b)    if:

                (i)      the prosecution or the defence so requests and the judge advocate or Defence Force magistrate so directs; or

                (ii)      in any other case, the judge advocate or Defence Force magistrate so directs;

          a particular question and the answer to it shall be taken down verbatim; and
             (c)    a record shall be made of the proceedings relating to each objection, submission or application; and
             (d)    subject to paragraph (e), any address by the prosecution or the defence, or the summing up by the judge advocate, if 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