Document ID: chunk:federal_register_of_legislation:F2023C00098:body:0:p4
Version: federal_register_of_legislation:F2023C00098
Segment Type: other
Provision Reference: 
Character Range: 10169–13059

contain more than one charge.

    (7) Only one person may be charged in the one charge sheet.

    (8) Each summary proceedings must deal with only one accused person.

Rule 7  Representation of an accused person

    (1) An accused person may request the services of a member of the Defence Force to act as a defending officer.

    (2) If an accused person makes a request under subrule (1), the person whose services are requested must be permitted to defend the accused person unless the services of the person are not reasonably available.

    (3) If an accused person makes a request under subrule (1) for representation by a legal officer at a hearing before a commanding officer or superior summary authority, the legal officer whose services are requested must be permitted to defend the accused if:

       (a) approval is given by that commanding officer or superior summary authority; and

       (b) the services of the legal officer are reasonably available.

    (4) If the services of a person requested by an accused person under subrule (1) are not reasonably available, the summary authority must, with the consent of the accused person, direct a defence member to defend the accused person.

    (5) An accused person may represent themselves.

    (6) A summary authority must ensure that an accused person does not choose to represent themselves until the accused person has been informed of the right to representation as described in this Rule.

    (7) The summary authority must ensure that the accused person is not disadvantaged because of a decision to represent themselves.

         Part 3  Summary authority proceedings – general provisions

Rule 8  General procedures for summary authority proceedings

    (1) A summary authority must administer justice according to law without fear or favour, affection or ill-will.

    (2) Summary proceedings must be conducted with as little legal formality or technicality as possible while ensuring fairness to the accused.

    (3) If a matter arises in the proceedings that is not adequately covered by the Act, these Rules or the regulations, it must be dealt with according to the interests of justice.

    (4) The summary authority must ensure that any person giving evidence before summary authority proceedings takes an oath or affirmation in such manner as the person taking the oath or affirmation declares to be binding on the person's conscience.

    (5) The summary authority must ensure that any person interpreting summary authority proceedings must take an oath or affirmation in such manner as the person taking the oath or affirmation declares to be binding on the person's conscience, that the person will, to the best of their ability, truly interpret and translate the proceedings as required.

    (6) The summary authority must not require the defending officer, prosecuting officer, the