Document ID: chunk:federal_register_of_legislation:C2008C00443:clause:1_132d
Version: federal_register_of_legislation:C2008C00443
Segment Type: clause
Provision Reference: sch 1 cl 132D
Character Range: 16645–18142

132D  Trial by Military Judge alone

 (1) Subject to section 132E, the trial of a charge of a service offence that is to be tried by a Military Judge alone is to be in accordance with the following subsections.

 (2) Before evidence on the charge is heard, the Military Judge must ask the accused person whether he or she pleads guilty or not guilty to the charge.

 (3) If the accused person pleads guilty and the Military Judge is satisfied that the person understands the effect of that plea, the Military Judge must convict the person.

 (4) If:
 (a) the accused person pleads not guilty, refuses to plead or does not plead intelligibly; or
 (b) the Military Judge is not satisfied that the accused person, in pleading guilty, understands the effect of that plea;
the Military Judge must record a plea of not guilty and proceed to hear the evidence on the charge.

 (5) If the Military Judge, after hearing the evidence on the charge adduced by the prosecution, rules that that evidence is insufficient to support the charge, the Military Judge must dismiss the charge.

 (6) If the Military Judge, after hearing the evidence on the charge adduced by the prosecution, rules that that evidence is sufficient to support the charge, the Military Judge must proceed with the trial.

 (7) If the Military Judge finds the accused person not guilty, the Military Judge must acquit the person.

 (8) If the Military Judge finds the accused person guilty, the Military Judge must convict the person.