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Court Martial and Defence Force Magistrate Rules 2020
In force
Administered by
Department of Defence
This item is authorised by the following title:
Defence Force Discipline Act 1982
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F2020L00305
25 March 2020
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Part 1 Preliminary
1 Name of Rules
2 Commencement
3 Authority
4 Interpretation
5 Cases not covered by the Act, these Rules or the regulations
6 Summons to accused person
7 Service of summons to appear
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8 Instrument for purposes of section 194A of the Act
Part 2 Charge sheets and charges
9 Charge sheets
10 Charges
11 How charges to be construed
12 Amendment of charge sheets by judge advocate or Defence Force magistrate
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13 Withdrawal of charge
Part 3 Witnesses
14 Securing appearance of witness on behalf of accused person
15 Disclosure and notification by the Director of Military Prosecutions or prosecuting officer
Exclusion of witness from tribunal hearing room
Examination of witness
Calling and recalling witnesses
Witnesses to reply forthwith
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Expenses for witnesses
Part 4 Registrar
Registrar may liaise with certain persons
Registrar may consult with services about conduct of proceedings
Registrar may consult with services about administrative support for trial proceedings
Order referring charge or case to Defence Force magistrate
Registrar to provide certain documents
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Inspection of exhibits before trial
Part 5 Courts martial
Functions of President
Functions of judge advocate
Manner of voting of court martial
Objections to members of court martial
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Swearing of court martial
Part 6 Defence Force magistrate
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Functions of Defence Force Magistrate
Part 7 Pre-trial proceedings
Application for pre-trial hearing
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Nature of pre-trial hearings
Part 8 Evidence
Time for service of Notice of previous representation or Tendency/Coincidence notice
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Notice of previous representation and notices of tendency/coincidence evidence
Part 9 Trial Provisions
Employment of, objections to, and swearing of recorders and interpreters
Administration of oaths and affirmations
Application by accused person or prosecuting officer for adjournment of proceedings
Right of accused person and prosecuting officer to argue and adduce evidence on matter to be decided
Pleading to charges and arraignment
Opening address by prosecution
Opening address by the defence after opening address by the prosecution
Judge advocate or Defence Force magistrate may direct substitution of plea of not guilty
Submission of no case to answer
Opening address by defence
Closing addresses
Summing up
Evidence as to material facts after conviction on plea of guilty
Convicted person’s record etc and plea in mitigation
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Imposition of punishment or order in case of breach of undertaking of good behaviour
Part 10 Record of proceedings and exhibits
Record of proceedings before court martial or Defence Force magistrate
Inspection of record of proceedings etc during trial
Loss of original record of proceedings
Exhibits
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Relief from Rules
Schedule 1 Statement of offences
Part 1 Offences against Defence Force Discipline Act 1982
Part 2 Offences against Defence Force Discipline Regulations 2018
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Part 3 Offences against Criminal Code Act 1995
Schedule 2 Form of charge sheet