Document ID: chunk:federal_register_of_legislation:C2024C00861:section:141:p1
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 141 (pt 1/3)
Character Range: 408508–410937

141  Applications and objections
 (1) At any time before an accused person is asked to plead at a trial by a service tribunal, the accused person:
 (a) may do any one or more of the following:
 (i) apply for an adjournment on the ground that he or she has not had an adequate opportunity to prepare his or her defence or to choose a person to represent or advise the accused person;
 (ii) apply to secure the attendance of witnesses or additional witnesses on his or her behalf;
 (iii) if he or she is charged with more than one service offence, apply for each charge to be heard separately;
 (iv) if he or she is charged with one or more other persons, apply to be dealt with separately on the ground that he or she would otherwise be prejudiced in his or her defence;
 (v) make such other applications as he or she considers relevant in connection with the trial; and
 (b) may enter an objection to the charge on any ground, including any of the following grounds:
 (i) that, by virtue of subsection 9C(2) or section 144, he or she is not liable to be tried by the service tribunal for the service offence with which he or she has been charged;
 (ii) that the charge was made in contravention of section 96;
 (iii) that he or she has, in the exercise of the royal prerogative of mercy, been pardoned for the service offence with which he or she has been charged or for a civil court offence that is substantially the same offence;
 (iv) that the charge does not disclose a service offence or is otherwise wrong in law;
 (v) that the service tribunal does not have jurisdiction;
 (vi) in the case of a trial by a summary authority—that the summary authority is not permitted to try the charge because of subsection 108A(1).
 (2) At any time before a court martial is sworn or affirmed, the accused person may enter an objection to any member or reserve member of the court martial on the ground that the member:
 (a) is ineligible; or
 (b) is, or is likely to be, biased; or
 (c) is likely to be thought, on reasonable grounds, to be biased.
 (3) At any time before an accused person is asked to plead at a trial by a court martial, the accused person may enter an objection to the judge advocate on the ground that the judge advocate:
 (a) is ineligible; or
 (b) is, or is likely to be, biased; or
 (c) is likely to be thought, on reasonable grounds, to be biased.
 (4) At any time before an accused person is asked to plead at