Document ID: chunk:federal_register_of_legislation:C2024C00861:section:111b
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 111B
Character Range: 360095–362069

111B  Accused person may elect to be tried by a court martial or Defence Force magistrate—election before commencement of trial
 (1) At the commencement of dealing with a charge against an accused person, the summary authority must give the person an opportunity to elect, in accordance with section 111C, to have the charge tried by a court martial or Defence Force magistrate.
Note 1: If the summary authority is dealing with an accused person in respect of 2 or more charges (the linked charges) that arise from the same facts or circumstances, and the accused person makes an election to have one or more of the linked charges tried by a court martial or Defence Force magistrate, the summary authority must refer that charge or those charges and, unless the Director of Military Prosecutions agrees otherwise, any other linked charge to the Director of Military Prosecutions: see subsection 111C(3).
Note 2: If the summary authority is dealing with 2 or more accused persons together, the summary authority must give each accused person an opportunity to make an election in accordance with section 111C.

 (2) Subsection (1) does not apply in relation to:
 (a) a charge of a prescribed offence; or
 (b) a charge of any other service offence that:
 (i) arises from the same facts and circumstances as a prescribed offence; and
 (ii) is being dealt with together with that offence; or
 (c) a charge of a Schedule 1A offence (other than a Schedule 1A offence covered by paragraph (b)), unless the accused person is:
 (i) an officer of or below the rank of rear admiral but above the rank of lieutenant commander; or
 (ii) an officer of or below the rank of major‑general but above the rank of major; or
 (iii) an officer of or below the rank of air vice‑marshal but above the rank of squadron leader.
 (3) The accused person must be given an opportunity to obtain legal advice in relation to the election if a legal officer is reasonably available to give such advice.