Document ID: chunk:federal_register_of_legislation:F2023C00098:body:0:p14
Version: federal_register_of_legislation:F2023C00098
Segment Type: other
Provision Reference: 
Character Range: 35764–38586

the purpose of imposing punishment on, or making an order relating to, a convicted person in respect of a service offence for which the convicted person has given, in accordance with subsection 75(2) of the Act, an undertaking to another service tribunal to be of good behaviour for 12 months, and that convicted person is appearing before the summary authority in respect of a conviction for another service office that occurred during the 12 month period of good behaviour.

    (2) After the service offence has been read to the summary authority, action must be taken in accordance with Rule 40:
       (a)  as if the person had been convicted by that summary authority; and
       (b)  in the case of subrules 40(1)(c) and (2)(b), as if the person had pleaded guilty to a charge of that offence.

Rule 40  Submissions and evidence under Part IV of the Act

    (1)  After the conviction of a person by a summary authority, the prosecuting officer must submit:
       (a) if the convicted person is a defence member or was a defence member at the time of commission of the offence, relevant particulars of the convicted person's service in the Defence Force;

       (b) particulars of any previous convictions of the convicted person for service offences, civil court offences and the convicted person's service record;

       (c) upon a plea of guilty, the material facts that show the nature and gravity of the offence; and

       (d)  any other matters relevant to determining action under Part IV of the Act.

    (2) The convicted person may:
       (a)  give evidence, and call witnesses to give evidence, or tender statements or documents about their character and in mitigation of punishment;

       (b) upon a plea of guilty, dispute any of the facts relied upon by the prosecution to show the nature and gravity of the offence; and

       (c)  address the summary authority in mitigation of punishment.
Part 7  Record of summary authority proceedings

Rule 41  Recording of summary authority proceedings

    (1) Subject to the exigencies of service, in the event of a not guilty plea being entered, a summary authority is to ensure that an audio recording of proceedings is made, recording from the commencement of the hearing of evidence until the conclusion of the hearing, including the imposition of punishment, if applicable.

    (2) The audio recording must be retained securely with other trial records.

    (3) During summary authority proceedings, a party may, with permission of the summary authority, have a particular part of the record of proceedings played.

Part 8  General summons provisions

Rule 42  Summons to witness

A summons under subsection 138(2) of the Act must specify:
       (a)  the name of the witness; and
       (b)  if the witness has an employee identification