Document ID: chunk:federal_register_of_legislation:F2020L00305:front:0:p12
Version: federal_register_of_legislation:F2020L00305
Segment Type: other
Provision Reference: 
Character Range: 29252–32329

and truly try the accused person or persons before the court martial, according to the evidence; and
             (c)    the person will not disclose the vote or opinion of any member of the court martial unless required to do so in due course of law.

Part 6         Defence Force magistrate

  32    Functions of Defence Force Magistrate

       In addition to any functions conferred on the Defence Force magistrate by the Act, the regulations or any other rule, the functions of the magistrate at any proceedings before the magistrate are to ensure:

             (a)        that the proceedings are conducted in accordance with the Act and these Rules and in a manner befitting a court of justice; and
             (b)       that an accused person who is not represented does not in consequence of that fact suffer any undue disadvantage; and
             (c)        that a proper record of the proceedings is made and that the record of proceedings and the exhibits (if any) are properly safeguarded.

Part 7         Pre-trial proceedings

  33    Application for pre-trial hearing

       The prosecution or the accused person may apply to the judge advocate or the Defence Force magistrate to whom a matter has been referred for a direction or ruling or the judge advocate or Defence Force magistrate may on his or her initiative direct the parties to attend (in person or otherwise) before the judge advocate or Defence Force magistrate for directions or rulings as to the conduct of the trial or any pre-trial hearing.

  34    Nature of pre-trial hearings

       Without limiting rule 33 a direction or ruling may be given in relation to:

             (a)        the quashing or staying of a charge; or
             (b)       the joinder of accused persons or joinder of charges; or
             (c)        prosecution disclosure under rule 15; or
             (d)       the provision of a report, proof of evidence or other information; or
             (e)        the noting of admissions and issues relevant to the trial; or
             (f)         deciding questions of law, including admissibility of evidence; or
             (g)       ascertaining whether a defence of unsoundness of mind or any order question of a psychiatric nature is to be raised; or
             (h)       the psychiatric or other medical examination of the accused; or
             (i)         the exchange of medical, psychiatric and other expert reports; or
             (j)         the return of summons to produce documents; or
             (k)       encouraging the parties to narrow the issues and any other administrative arrangements to assist the speedy disposition of the trial; or
             (l)         the giving of evidence by video or audio link under section 148A of the Act, the Evidence (Miscellaneous Provisions) Act 1991 (ACT) or otherwise; or
             (m)     any other issue connected with the proceedings.

Part 8         Evidence

  35    Time for service of Notice of previous representation or Tendency/Coincidence notice

       If the prosecution