Document ID: chunk:federal_register_of_legislation:C2024C00861:section:103
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 103
Character Range: 350037–352535

103  Courses open to Director of Military Prosecutions
 (1) Where a charge is referred to the Director of Military Prosecutions under subsection 105A(2), paragraph 109(1)(c) or 110(1)(d), subsection 129D(2) or 130(5), section 131A or subsection 141(8), 145(1) or (3) or 194(7), the Director of Military Prosecutions may:
 (a) direct that the charge be not proceeded with; or
 (b) if the charge has not been referred under subsection 145(1) or (3)—refer the charge to be dealt with by a summary authority in accordance with section 109 or section 110; or
 (c) request the Registrar to refer the charge to a Defence Force magistrate for trial; or
 (d) request the Registrar to convene a general court martial or a restricted court martial to try the charge.
Note 1: See also subsection 87(1) for additional powers that may be exercised by the Director of Military Prosecutions in relation to a charge.
Note 2: A charge referred to a Defence Force magistrate must be referred to the magistrate nominated by the Judge Advocate General: see subsection 129C(1).
 (2) If, under the Defence Force Discipline Appeals Act 1955, the Defence Force Discipline Appeal Tribunal or the Federal Court of Australia orders a new trial of a person, the Director of Military Prosecutions may request the Registrar to refer the charge to a court martial or Defence Force magistrate for trial.
 (2A) If, under section 160 or 166, a reviewing authority orders a new trial of a person, the Director of Military Prosecutions may request the Registrar to refer the charge that was the subject of the proceedings to which the order relates to a court martial or Defence Force magistrate for a new trial.
 (3) Nothing in subsection (2) or (2A) requires the Director of Military Prosecutions to proceed with a new trial of a person unless the Director of Military Prosecutions is satisfied that there is sufficient cogent evidence to justify a new trial of the person.
 (4) If under subsection 111C(1) or 131AA(1):
 (a) an accused person elects to be tried by a court martial or Defence Force magistrate; and
 (b) the summary authority refers the charge to the Director of Military Prosecutions;
the Director of Military Prosecutions may:
 (c) direct that the charge be not proceeded with; or
 (d) request the Registrar to refer the charge to a Defence Force magistrate for trial; or
 (e) request the Registrar to convene a general court martial or a restricted court martial to try the charge.

Division 2—Summary authorities