Document ID: chunk:federal_register_of_legislation:F2023C00098:body:0:p6
Version: federal_register_of_legislation:F2023C00098
Segment Type: other
Provision Reference: 
Character Range: 15432–18207

Act and in consequence the Director of Military Prosecutions  refers the charge(s) back to a summary authority pursuant to sections 111C(7)(b) or 131AA(7)(b) of the Act, there is no requirement for that summary authority to offer the accused person another up-front or in-trial election.

Rule 11  Trial by summary authority

    (1) Prior to asking the accused person to enter a plea, the summary authority must read the charge(s) to the accused person.

    (2) The summary authority must ask the accused person to enter a plea in respect of each offence with which they have been charged.

    (3) In the event the accused person enters a plea of not guilty, or does not enter a plea when called upon to do so, or pleads guilty but the summary authority is not satisfied that the accused person understands the effect of that plea, the summary authority must hear evidence called by and submissions from the prosecuting officer, and defending officer or accused person, to determine whether or not the accused person should be found guilty or not guilty of the offence(s) charged.

    (4) At a hearing under subrule (3) the summary authority is required to give sufficient notice of the date, time and place of the hearing to the accused person, their defending officer and the prosecuting officer as is reasonable to enable the preparation for hearing the evidence in respect of the offence(s) charged.

    (5) Prior to hearing the prosecution case in a hearing under subrule (3), the summary authority must be satisfied that all documents, including statements, notes, exhibits or records of the Australian Defence Force or other materials relevant to the offence(s) charged, in the possession of the prosecuting officer have been provided to the accused person and their defending officer.

Rule 12  Order of witnesses and submissions

    (1) The prosecution case is to go first, before the defence case, and the accused person is under no obligation to give or call evidence.

    (2) At the conclusion of the evidence, the prosecuting officer, and then the accused person or their defending officer may put a case summary and submissions to the summary authority.

Rule 13  Consultation during trial proceedings

    (1)  Subject to Rule 21, the summary authority must make a determination only on the evidence admitted during the proceeding.
    (2)  During the proceeding, the summary authority may seek legal advice upon matters of practice or procedure required by the Act or these Rules for the conduct of the proceedings, if the summary authority considers it is in the interests of justice to do so.
    (3)  The summary authority must obtain legal advice under subrule (2) in the presence or within the hearing of the accused, their defending officer and