Document ID: chunk:federal_register_of_legislation:C2005A00142:clause:1_188gd
Version: federal_register_of_legislation:C2005A00142
Segment Type: clause
Provision Reference: sch 1 cl 188GD
Character Range: 33565–35752

188GD  Undertakings by the Director of Military Prosecutions

 (1) The Director of Military Prosecutions may, if he or she considers it appropriate to do so, give to a person an undertaking that:
 (a) an answer that is given, or a statement or disclosure that is made, by the person in the course of giving evidence in proceedings for a service offence; or
 (b) the fact that the person discloses or produces a document or other thing in proceedings for a service offence; or
 (c) any information, document or other thing that is obtained as a direct or indirect consequence of an answer that is given, a statement or disclosure that is made, or a document or other thing that is disclosed or produced in proceedings for a service offence;
will not be used in evidence against the person in any other proceedings for a service offence.

 (2) If the Director of Military Prosecutions gives an undertaking under subsection (1):
 (a) an answer that is given, or a statement or disclosure that is made, by the person in the course of giving evidence in the proceedings; or
 (b) the fact that the person discloses or produces a document or other thing in the proceedings; or
 (c) any information, document or other thing that is obtained as mentioned in paragraph (1)(c);
as the case may be, is not admissible in evidence against the person in any other proceedings for a service offence, other than proceedings in respect of the falsity of evidence given by the person.

 (3) The Director of Military Prosecutions may, if he or she considers it appropriate to do so, give to a person an undertaking that the person will not be prosecuted:
 (a) for a specified service offence; or
 (b) in respect of specified acts or omissions that constitute, or may constitute, a service offence.

 (4) If the Director of Military Prosecutions gives an undertaking to a person under subsection (3), no prosecution may be instituted against the person in respect of the specified service offence or a service offence in respect of the specified acts or omissions.

 (5) An undertaking under subsection (3) may be subject to any conditions that the Director of Military Prosecutions considers appropriate.