Document ID: chunk:federal_register_of_legislation:F2020L00305:front:0:p16
Version: federal_register_of_legislation:F2020L00305
Segment Type: other
Provision Reference: 
Character Range: 39768–42654

intends to adduce evidence the person may, before he or she adduces such evidence, make an opening address to the court martial or Defence Force magistrate stating the nature and general effect of the evidence that the person proposes to adduce in the person's defence.

  47    Closing addresses

         (1)    After all of the evidence has been given, the accused person and the prosecuting officer may each make a closing address to the court martial or Defence Force magistrate.

         (2)    Any closing address by the prosecuting officer shall be made before the closing address (if any) by the accused person.

         (3)    Subject to subrule (4), where 2 or more accused persons are charged in the same charge sheet, their closing addresses shall be made in the order in which their names are listed on the charge sheet.

         (4)    When 2 or more accused persons are represented by the same person, that person may only make 1 closing address.

  48    Summing up

       After the closing addresses (if any) at a trial by court martial, the judge advocate shall sum up the evidence and direct the court martial on the law relating to the case (including Part IV of the Act).

  49    Evidence as to material facts after conviction on plea of guilty

       Where, on the trial of a charge, the accused person pleads guilty and is convicted, then:

             (a)    the prosecuting officer shall inform the court martial or Defence Force magistrate of the material facts that show the nature and gravity of the offence; and
             (b)    the convicted person may dispute any such facts; and
             (c)    the convicted person and the prosecuting officer may adduce evidence in relation to any fact so disputed.

  50    Convicted person's record etc and plea in mitigation

         (1)    After the conviction of a person by a court martial or Defence Force magistrate, the prosecuting officer shall cause evidence to be adduced of:

           (a)    if the convicted person is a defence member or was a defence member at the time of the commission of the offence of which the person has been convicted — relevant particulars of the person's service in the Defence Force; and
           (b)    particulars of any previous convictions of the convicted person for service offences, civil court offences and overseas offences; and
           (c)    such other matters relevant to determining action under Part IV of the Act in relation to the convicted person as the court martial or Defence Force magistrate requires.

         (2)    The convicted person may:

             (a)    give evidence, and call witnesses to give evidence, as to the convicted person's character and in mitigation of punishment; and
             (b)    address the court martial or Defence Force magistrate in mitigation of punishment.

         (3)    Rule 17 applies to