Document ID: chunk:federal_register_of_legislation:F2020L00305:front:0:p1
Version: federal_register_of_legislation:F2020L00305
Segment Type: other
Provision Reference: 
Character Range: 0–2928

Court Martial and Defence Force Magistrate Rules 2020

I, MICHAEL JOHN SLATTERY, AM RAN, Judge Advocate General, make the following Rules under section 149 of the Defence Force Discipline Act 1982.

Dated 6 March 2020

Signed

MICHAEL JOHN SLATTERY, AM RAN
Judge Advocate General

Contents
Part 1          Preliminary
1 Name of Rules
2 Commencement
3 Authority
4 Interpretation
5 Cases not covered by the Act, these Rules or the regulations
6 Summons to accused person
7 Service of summons to appear
8 Instrument for purposes of section 194A of the Act
Part 2          Charge sheets and charges
9 Charge sheets
10 Charges
11 How charges to be construed
12 Amendment of charge sheets by judge advocate or Defence Force magistrate
13 Withdrawal of charge
Part 3          Witnesses
14 Securing appearance of witness on behalf of accused person
15 Disclosure and notification by the Director of Military Prosecutions or prosecuting officer
16 Exclusion of witness from tribunal hearing room
17 Examination of witness
18 Calling and recalling witnesses
19 Witnesses to reply forthwith
20 Expenses for witnesses
Part 4          Registrar
21 Registrar may liaise with certain persons
22 Registrar may consult with services about conduct of proceedings
23 Registrar may consult with services about administrative support for trial proceedings
24 Order referring charge or case to Defence Force magistrate
25 Registrar to provide certain documents
26 Inspection of exhibits before trial
Part 5         Courts martial
27 Functions of President
28 Functions of judge advocate
29 Manner of voting of court martial
30 Objections to members of court martial
31 Swearing of court martial
Part 6         Defence Force magistrate
32 Functions of Defence Force Magistrate
Part 7         Pre-trial proceedings
33 Application for pre-trial hearing
34 Nature of pre-trial hearings
Part 8         Evidence
35 Time for service of Notice of previous representation or Tendency/Coincidence notice
36 Notice of previous representation and notices of tendency/coincidence evidence
Part 9         Trial Provisions
37 Employment of, objections to, and swearing of recorders and interpreters
38 Administration of oaths and affirmations
39 Application by accused person or prosecuting officer for adjournment of proceedings
40 Right of accused person and prosecuting officer to argue and adduce evidence on matter to be decided
41 Pleading to charges and arraignment
42 Opening address by prosecution
43 Opening address by the defence after opening address by the prosecution
44 Judge advocate or Defence Force magistrate may direct substitution of plea of not guilty
45 Submission of no case to answer
46 Opening address by defence
47 Closing addresses
48 Summing up
49 Evidence as to material facts after conviction on plea of guilty
50 Convicted person's record etc and plea in mitigation
51 Imposition of punishment or order in case of breach