Document ID: chunk:federal_register_of_legislation:F2020L00305:front:0:p5
Version: federal_register_of_legislation:F2020L00305
Segment Type: other
Provision Reference: 
Character Range: 10314–13243

charge sheets; or
             (b)       refer all of the charges for trial before a single Defence Force magistrate; or
             (c)        do some combination of paragraphs (a) and (b).

   10 Charges

          (1)      A charge shall state 1 offence only.

          (2)      A charge shall consist of 2 parts, namely:
(a)        a statement of the offence that the accused person is alleged to have committed; and
(b)        particulars of the act or omission constituting the offence.

          (3)      A statement of an offence shall contain:
(a)        in the case of an offence other than an offence against the common law — a reference to the provision of the law creating the offence; and
(b)        in any case — a sufficient statement of the offence.

           (4)      Without prejudice to any other sufficient manner of setting out the statement of an offence, the statement of an offence shall be sufficient if it is set out in the appropriate form in Schedule 1.

           (5)      Particulars of an offence shall contain a sufficient statement of the circumstances of the offence to enable the accused person to know what it is intended to prove against that person as constituting the offence.

           (6)      At a trial by a court martial or Defence Force magistrate, 2 or more accused persons may be charged jointly in 1 charge of an offence alleged to have been committed by them jointly.

   11 How charges to be construed

       The statement of an offence and particulars of that offence, in a charge, shall be read and construed together.

   12 Amendment of charge sheets by judge advocate or Defence Force magistrate

       Where it appears to a judge advocate or Defence Force magistrate at any time during a hearing of proceedings that there is, in the charge sheet:

             (a)        a mistake in the name or description of the accused person; or
             (b)       a mistake that is attributable to clerical error or omission;

       the judge advocate or Defence Force magistrate may amend the charge sheet so as to correct the mistake.

   13 Withdrawal of charge

       A court martial or Defence Force magistrate may allow the prosecuting officer to withdraw:

             (a)        a charge, before the accused person is arraigned on it; or
             (b)       a charge sheet, before the accused person is arraigned on any charge in it.

Part 3          Witnesses

   14 Securing appearance of witness on behalf of accused person

          (1)      The relevant authority must take the necessary steps to secure the appearance at the hearing of a proceeding before a court martial or Defence Force magistrate of persons reasonably required by the accused person to appear to give evidence, and (if so required) to produce documents, on that person's behalf.

          (2)      In this rule, relevant authority means:

             (a)        the Chief