Document ID: chunk:federal_register_of_legislation:F2023C00098:body:0:p17
Version: federal_register_of_legislation:F2023C00098
Segment Type: other
Provision Reference: 
Character Range: 43526–46231

hear the charge(s), they will ask you to enter a plea of not guilty or guilty on each charge.

10. In some cases, during the hearing the summary authority may decide that if you were to be convicted they may require additional punishment powers to properly deal with your offending. If so, an in-trial election may be offered to you, asking you to choose whether you wish to have the charge(s) heard by the summary authority, or referred to the DMP to consider what further action to take. If you are offered an in-trial election, you have the right, and are encouraged, to seek legal advice about making the election offered to you.

11.  If you are satisfied you should plead guilty to the charge(s) and your plea is accepted by the summary authority, the hearing of the charge(s) will be restricted only to issues of appropriate punishment. At such a hearing the summary authority will receive material from the prosecution relevant to punishment. The summary authority will consider your service record, any previous convictions you may have, including civilian court offences and overseas offences, honours and awards, and information about any injury, or the value of damages, or other victim impact, that was caused by the conduct alleged against you. You have the right to produce to the summary authority written and other material, such as character references, in mitigation of punishment.

12.  If you enter a plea of guilty, the law requires the summary authority to take into account and make an appropriate allowance to reduce your punishment:

    (1) for the fact you pleaded guilty, and especially whether your plea was given at the earliest available opportunity; and

(2) for your cooperation during the investigation and subsequent hearing.

13.  If you plead not guilty, witness statements will be obtained from the prosecution witnesses and you will be entitled to receive a copy of all available witness statements and other relevant material at a reasonable time before the hearing to allow you to prepare your defence case. The summary authority will then hear the charge(s) against you and decide whether or not the prosecution has proved its case against you beyond reasonable doubt.

14.  Whether you plead guilty or not guilty, you have the right to request the services of a specified member of the Defence Force to defend you at a hearing. That person must be permitted to defend you, unless their services are not reasonably available. If you cannot obtain a defending officer, you should raise this matter at the time specified in the Charge Sheet and the summary authority will assist you in finding an available person to assist you at your summary hearing.

Note: The