DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 101U Persons charged with same service offence

DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 101U

  (1)   Where, after 2 or more persons have been charged with the same service offence, one of those persons furnishes to an investigating officer a written statement in relation to the service offence, not being a statement made jointly with the other person or all the other persons, as the case may be, charged with the service offence, the investigating officer to whom the statement is furnished may cause a copy of the statement to be furnished to the other person or each of the other persons, as the case may be, charged with the service offence who did not join in making the statement, but shall not, subject to subsection   (2), read the statement to the other person or any of those other persons, as the case may be, or invite, either orally or otherwise, the other person or any of those other persons, as the case may be, to comment on the statement.

  (2)   Where a person to whom a copy of a statement is furnished in accordance with subsection   (1) is unable for any reason to read the copy of the statement, the investigating officer shall:

  (a)   in a case where the person is not reasonably fluent in the language in which the statement is written--cause the statement to be translated into a language in which the person is reasonably fluent and cause a copy of the translation to be furnished to the person and, if the person is unable to read the copy of the translation and the person consents, read the copy of the translation, or cause the copy of the translation to be read, to the person; or

  (b)   in any other case--if the person consents, read the copy of the statement, or cause the copy of the statement to be read, to the person.

  (3)   Where a person to whom a copy of a statement is furnished in accordance with subsection   (1) voluntarily proposes to make, or commences to make, a statement to an investigating officer in relation to the relevant service offence by way of comment on the first - mentioned statement, the investigating officer shall caution the person in a language in which the person is reasonably fluent, in writing, and also, if practicable, orally, before the person commences to make the statement or, if it is not practicable to do so, as soon as practicable after the person commences to make the statement, that the person is not obliged to, but may if the person wishes, make a statement and that the statement may be used in evidence.

  (4)   A reference in this section to a written statement includes a reference to a record in writing of an interview, being an interview in respect of which subsection   101K(3) has been complied with.