Document ID: chunk:federal_register_of_legislation:C2024C00861:section:88
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 88
Character Range: 234652–236374

88  Arrest, summons etc. where accused person not present at hearing before service tribunal
 (1) Where an accused person is not present at a hearing before a service tribunal (otherwise than by reason of an order under subsection 139(2)), an authorized officer or the Registrar may:
 (a) if the accused person is a defence member—order the accused person to appear before the service tribunal for any purpose relating to the charge against the person; or
 (b) whether or not the accused person is a defence member:
 (i) cause to be prepared a summons directed to the accused person requiring the person to appear before the service tribunal at a time and place specified in the summons for a purpose specified in the summons relating to the charge against the person; or
 (ii) issue a warrant for the arrest of the accused person.
 (1A) The Registrar may carry out an action under subsection (1) only if a judge advocate or a Defence Force magistrate directs the Registrar to carry out the action.
 (2) A summons under paragraph (1)(b) shall be served on the person to whom it is directed in a manner specified in the regulations.
 (3) A warrant issued under subsection (1) shall:
 (a) specify the name of the accused person concerned and the service offence the subject of the charge; and
 (b) state that the warrant is issued because the accused person was not present at a hearing before the service tribunal specified in the warrant.
 (4) A constable or a member of the Defence Force may, in execution of a warrant issued in accordance with subsection (1), arrest the accused person named in the warrant.
 (5) A warrant issued under subsection (1) shall specify a date after which the warrant ceases to have effect.