Document ID: chunk:federal_register_of_legislation:C2024C00861:section:87:p1
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 87 (pt 1/2)
Character Range: 231227–233825

87  Summons and order in the nature of summons
 (1) Where an authorized member of the Defence Force believes, on reasonable grounds, that a person has committed a service offence, the authorized member may:
 (a) if the person is a defence member:
 (i) charge the defence member with the service offence;
 (ii) cause a copy of the charge to be given to the defence member; and
 (iii) order the defence member to appear before a commanding officer at a specified time and place to be dealt with in accordance with section 110; or
 (b) whether or not the person is a defence member—cause to be prepared a summons directed to the person specifying the service offence that the person is alleged to have committed and requiring the person to appear before a commanding officer at a time and place specified in the summons to be dealt with in accordance with section 110; or
 (ba) if the authorized member is the Director of Military Prosecutions:
 (i) if the person is a defence member—charge the defence member with the service offence, cause a copy of the charge to be given to the defence member and order the defence member to appear before a superior summary authority at a specified time and place to be dealt with in accordance with section 109; or
 (ii) whether or not the person is a defence member—cause to be prepared a summons directed to the person specifying the service offence that the person is alleged to have committed and requiring the person to appear before a superior summary authority at a time and place specified in the summons to be dealt with in accordance with section 109; or
 (c) if the authorized member is the Director of Military Prosecutions, do one of the following:
 (ii) request the Registrar to refer the charge to a Defence Force magistrate for trial;
 (iii) request the Registrar to convene a court martial to try the charge.
Note: A charge referred to a Defence Force magistrate must be referred to the magistrate nominated by the Judge Advocate General: see subsection 129C(1).
 (1A) To avoid doubt, the Director of Military Prosecutions:
 (a) may exercise any or all of the powers referred to in paragraphs (1)(a), (b), (ba) and (c); and
 (b) may exercise the power referred to in paragraph (1)(c) in addition to, or instead of, the powers referred to in paragraphs (1)(a), (b) and (ba).
 (2) A summons under paragraph (1)(b) or subparagraph (1)(ba)(ii) must be served on the person to whom it is directed in a manner specified in the regulations.
 (3) Where a summons relating to a service offence is served on a person in accordance with subsection (2), the