Document ID: chunk:federal_register_of_legislation:F2020L00305:front:0:p6
Version: federal_register_of_legislation:F2020L00305
Segment Type: other
Provision Reference: 
Character Range: 12958–16026

court martial or Defence Force magistrate of persons reasonably required by the accused person to appear to give evidence, and (if so required) to produce documents, on that person's behalf.

          (2)      In this rule, relevant authority means:

             (a)        the Chief of the Defence Force; or
             (b)       a delegate of the Chief of the Defence Force of at least the rank of Colonel (or an equivalent rank).

   15 Disclosure and notification by the Director of Military Prosecutions or prosecuting officer

          (1)      If the Director of Military Prosecutions requests the Registrar to refer a matter for trial, the Director of Military Prosecutions must ensure that:

              (a)        the accused person; and
              (b)       if a trial by a court martial is requested — the Registrar;

       are provided with, or have already been provided with, the information or copies of the documents mentioned in subrule (4).

          (2)     The prosecution's obligation of disclosure provided for in this rule continues at all times during the proceedings.

          (3)     The Registrar must disclose to the judge advocate all information and documents provided to the Registrar under subrule (1).

          (4)     For subrule (1), the information and documents are as follows:

(a)        the charge sheet, signed and dated by the Director of Military Prosecutions;
(b)        the record of evidence in relation to the charge taken at any proceedings before a summary authority, together with all documents relating to those proceedings;
(c)        a list of the names of prosecution witnesses;
(d)        a list of prosecution exhibits;
(e)        each witness statement from a witness mentioned in paragraph (c);
(f)         any information, document or thing in the possession of or which exists to the knowledge of the prosecuting officer that is relevant to a fact in issue or to the reliability or credibility of a prosecution witness;
             (g)        any information, document or thing in the possession of or which exists to the knowledge of the prosecuting officer that is adverse to the credit or credibility of the accused person.

          (5)      If the prosecuting officer decides not to call a witness to give evidence that:

             (a)        is contained in a written statement furnished to the  accused person under paragraph (4)(e); or
             (b)       has been notified to the accused person under subrule (1);

          the prosecuting officer must:

             (c)        if it is practicable to do so before the trial, inform the accused person:

                 (i)        that the prosecuting officer does not intend to call the witness to give evidence; and
                 (ii)      that the accused person may call the witness as a witness for the defence; or

(d)         inform the accused person at the trial that the prosecuting officer does not intend to call the witness to give evidence but will tender the witness for cross-examination by the accused