Document ID: chunk:federal_register_of_legislation:F2020L00305:front:0:p10
Version: federal_register_of_legislation:F2020L00305
Segment Type: other
Provision Reference: 
Character Range: 24132–27028

fix, or provide for the fixing of, the time and place for the hearing of the charge or case or the date of any pre-trial hearing.

  25    Registrar to provide certain documents

         (1)    When the Registrar convenes a court martial for the trial of a charge, the Registrar must cause to be sent:

             (a)    to the President and each member or reserve member of the court martial — a copy of the convening order; and
             (b)    to the judge advocate:
                (i)      the convening order; and
                (ii)      the charge sheet; and
                (iii)      the record of evidence taken at proceedings (if held) in relation to the charge before a commanding officer or a superior summary authority; and
                (iv)      any other statement taken from a witness to be called for the prosecution; and
             (c)    to the accused person — copies of the documents referred to in subparagraphs (b)(i) and (ii); and
             (d)    to the prosecuting officer — a copy of the document referred to in subparagraph (b)(i).

         (2)    When the Registrar refers a charge to a Defence Force magistrate for trial, the Registrar must cause to be sent:

             (a)    to the Defence Force magistrate:

                (i)      the order referring the charge; and
                (ii)      the charge sheet; and

             (b)    to the accused person — copies of the documents referred to in paragraph (a); and

             (c)    to the prosecuting officer — a copy of the order referring the charge.

  26    Inspection of exhibits before trial

          (1)      An accused person who has been sent a list of exhibits in accordance with rule 15 must, on application by the person to the Director of Military Prosecutions, be permitted by the custodian of the exhibit to inspect and to copy any exhibit.

          (2)      The custodian of the exhibit must ensure that proper precautions are taken for the safety of the exhibit during an inspection under subrule (1).

Part 5         Courts martial

  27    Functions of President

       In addition to the functions that the President of a court martial has in his or her capacity as a member of the court martial and any functions conferred on the President by the Act or any other rule, the functions of the President are:
(a)        to speak on behalf of the court martial in announcing a finding or sentence or any other decision taken by the court martial; and
(b)       to speak on behalf of the members of the court martial in conferring with, or requesting advice from, the judge advocate on any question of law or procedure.

  28    Functions of judge advocate

       In addition to any functions conferred on the judge advocate by the Act, the regulations or any other rule, the functions of the judge advocate are:

             (a)        subject to subsection