Document ID: chunk:federal_register_of_legislation:F2020L00305:front:0:p7
Version: federal_register_of_legislation:F2020L00305
Segment Type: other
Provision Reference: 
Character Range: 15787–18718

witness as a witness for the defence; or

(d)         inform the accused person at the trial that the prosecuting officer does not intend to call the witness to give evidence but will tender the witness for cross-examination by the accused person if the accused person so requests.

  16    Exclusion of witness from tribunal hearing room

          (1)      During proceedings before a court martial or Defence Force magistrate, a witness shall not, except by leave of the judge advocate or Defence Force magistrate, be in the hearing room until called to give evidence.

          (2)      The judge advocate or Defence Force magistrate may direct a witness to withdraw from the hearing room until the judge advocate or Defence Force magistrate makes a decision on an objection that relates to:

(a)        the allowing of a question; or
              (b)       the evidence given, or about to be given, by the witness.

          (3)      Nothing in this rule requires the accused person, a person representing the accused person in the proceedings, or the prosecuting officer, to be absent, or withdraw, from the proceedings.

  17    Examination of witness

         (1)    A witness appearing before a court martial or Defence Force magistrate:

             (a)    may be:

                (i)      examined by the person who called the witness; and
                (ii)      cross-examined by the opposite party to the proceedings or by a co-accused; and

             (b)    on conclusion of any cross-examination, may be re-examined, on matters arising out of the cross-examination, by the person who called the witness.

         (2)    The court martial or Defence Force magistrate may allow the cross-examination or re-examination of a witness to be postponed if, in the opinion of the judge advocate or Defence Force magistrate, it is in the interests of justice to do so.

         (3)    A judge advocate or Defence Force magistrate may put questions to a witness.

         (4)    During a trial by court martial, members of the court martial are entitled to question a witness, if:

(a)        the question is put in writing; and
(b)       in the opinion of the judge advocate, the question is relevant and permissible in law; and
(c)        the question is put to the witness by the judge advocate.

         (5)    Upon a question put under subrule (3) or (4) being answered, the accused person and the prosecuting officer may put to the witness such questions, arising from the answer that the witness has given, as seem proper to the judge advocate or Defence Force magistrate.

  18    Calling and recalling witnesses

         (1)    The prosecuting officer and the accused person may, at any time before:

             (a)    at a trial by court martial — the judge advocate begins to sum up; or
             (b)    at a trial by Defence Force magistrate — the Defence Force magistrate makes a finding on