Document ID: chunk:federal_register_of_legislation:C2004C01241:clause:1_50
Version: federal_register_of_legislation:C2004C01241
Segment Type: clause
Provision Reference: sch 1 cl 50
Character Range: 77829–78771

50  Delaying or denying justice

 (1) A defence member is guilty of an offence if:
 (a) a person is in custody on a charge; and
 (b) the member is required by or under this Act to take action to have the charge dealt with in accordance with this Act; and
 (c) the member does not take the action.

Maximum punishment: Imprisonment for 12 months.

 (2) A defence member is guilty of an offence if:
 (a) a person in custody is entitled to be released; and
 (b) the member is required by or under this Act to take action to release, or to order the release of, the person; and
 (c) the member does not take the action.

Maximum punishment: Imprisonment for 12 months.

 (3) It is a defence to a charge under this section if the member proves that he or she had a reasonable excuse for not taking the required action.

Note: The defendant bears a legal burden in relation to the matter in subsection (3). See section 13.4 of the Criminal Code.