Document ID: chunk:federal_register_of_legislation:C2015C00453:clause:1_125
Version: federal_register_of_legislation:C2015C00453
Segment Type: clause
Provision Reference: sch 1 cl 125
Character Range: 25118–27238

125  Dissolution of court martial
 (1) Where, after a court martial has assembled but before it is sworn or affirmed, the judge advocate considers that by reason of the exigencies of service or for any other reason it is desirable to do so, he or she may direct the Registrar to dissolve the court martial.
 (2) Where:
 (a) at any time after a court martial is sworn or affirmed, there is an insufficient number of members properly to constitute the court martial; or
 (b) at any time after the accused person's plea of guilty or not guilty has been recorded by a court martial, the judge advocate is unable to attend;
the Registrar must dissolve the court martial.
 (3) Where, at any time after a court martial is sworn or affirmed, the judge advocate considers that, in the interests of justice, the court martial should be dissolved, the judge advocate must direct the Registrar to dissolve the court martial.
 (4) Where:
 (a) a court martial has adjourned the hearing of the proceedings before it; and
 (b) the judge advocate considers that, by reason of the exigencies of service, it will not be practicable to continue the hearing of the proceedings at a later date;
the judge advocate must direct the Registrar to dissolve the court martial.
 (5) Where a court martial is dissolved under subsection (1), (2), (3) or (4), the Director of Military Prosecutions may request the Registrar to convene another court martial in its stead.
 (6) Where a court martial is dissolved as mentioned in subsection (2), (3) or (4) after it has convicted a person but before it has taken action under Part IV in relation to the convicted person, the Registrar may convene another court martial for the purpose of taking such action.
 (7) A court martial, before taking action under subsection (6), shall hear evidence relevant to the determination of what action should be taken.
 (8) For the purposes of this Part, a member of a court martial convened under subsection (6) shall not be taken to be biased by reason only of his or her having been a member of the court martial that was dissolved as mentioned in that subsection.