Document ID: chunk:federal_register_of_legislation:F2020L00305:front:0:p14
Version: federal_register_of_legislation:F2020L00305
Segment Type: other
Provision Reference: 
Character Range: 34674–37457

administer, or cause to be administered, an oath or affirmation to the person before the person begins so to act.

         (7)    The oath or affirmation to be taken or made by a person for the purposes of this rule is an oath or affirmation:

             (a)    other than where proceedings are recorded electronically, in the case of a person who is to act as a recorder — that the person will, to the best of the person's ability, truly record the evidence to be given before the court martial or Defence Force magistrate and such other matters as may be required.
             (b)    in the case of a person who is to act as an interpreter — that the person will, to the best of the person's ability, truly interpret and translate as the person will be required to do.

  38    Administration of oaths and affirmations

       The president or Defence Force magistrate may permit a person to take an oath or affirmation in such manner as the person taking the oath or affirmation declares to be binding on the person's conscience.

  39    Application by accused person or prosecuting officer for adjournment of proceedings

       The accused person or the prosecuting officer may, at any time, apply to the court martial or Defence Force magistrate on any reasonable grounds for an adjournment of the proceedings before the tribunal.

  40    Right of accused person and prosecuting officer to argue and adduce evidence on matter to be decided

       The accused person and the prosecuting officer may properly argue, and adduce evidence relevant to, any question presented to the court martial or Defence Force magistrate for decision.

  41    Pleading to charges and arraignment

         (1)    Where there is more than 1 charge against an accused person before a court martial or Defence Force magistrate, the person shall be required to plead separately to each charge.

         (2)    Where the accused person refuses to plead to a charge the judge advocate or Defence Force magistrate shall record a plea of not guilty and the trial shall proceed as if the accused person had pleaded not guilty.

         (3)    Where:

             (a)    there is more than 1 charge against an accused person before a court martial or Defence Force magistrate; and
             (b)    the charges are contained in more than 1 charge sheet;

       the court martial or Defence Force magistrate shall arraign and try the person on the charge or charges in a charge sheet (other than taking action under paragraph 132(1)(g) or 135(1)(g) of the Act) before the tribunal arraigns and tries the person on a charge in another charge sheet.

         (4)    Where:

             (a)    an accused person is convicted by a court martial or Defence Force magistrate of a charge that is 1