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DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 103 Courses open to Director of Military Prosecutions

DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 103

Courses open to Director of Military Prosecutions

  (1)   Where a charge is referred to the Director of Military Prosecutions under subsection   105A(2), paragraph   109(1)(c) or 110(1)(d), subsection   129D(2) or 130(5), section   131A or subsection   141(8), 145(1) or (3) or 194(7), the Director of Military Prosecutions may:

  (a)   direct that the charge be not proceeded with; or

  (b)   if the charge has not been referred under subsection   145(1) or (3)--refer the charge to be dealt with by a summary authority in accordance with section   109 or section   110; or

  (c)   request the Registrar to refer the charge to a Defence Force magistrate for trial; or

  (d)   request the Registrar to convene a general court martial or a restricted court martial to try the charge.

Note 1:   See also subsection   87(1) for additional powers that may be exercised by the Director of Military Prosecutions in relation to a charge.

Note 2:   A charge referred to a Defence Force magistrate must be referred to the magistrate nominated by the Judge Advocate General: see subsection   129C(1).

  (2)   If, under the Defence Force Discipline Appeals Act 1955 , the Defence Force Discipline Appeal Tribunal or the Federal Court of Australia orders a new trial of a person, the Director of Military Prosecutions may request the Registrar to refer the charge to a court martial or Defence Force magistrate for trial.

  (2A)   If, under section   160 or 166, a reviewing authority orders a new trial of a person, the Director of Military Prosecutions may request the Registrar to refer the charge that was the subject of the proceedings to which the order relates to a court martial or Defence Force magistrate for a new trial.

  (3)   Nothing in subsection   (2) or (2A) requires the Director of Military Prosecutions to proceed with a new trial of a person unless the Director of Military Prosecutions is satisfied that there is sufficient cogent evidence to justify a new trial of the person.

  (4)   If under subsection   111C(1) or 131AA(1):

  (a)   an accused person elects to be tried by a court martial or Defence Force magistrate; and

  (b)   the summary authority refers the charge to the Director of Military Prosecutions;

the Director of Military Prosecutions may:

  (c)   direct that the charge be not proceeded with; or

  (d)   request the Registrar to refer the charge to a Defence Force magistrate for trial; or

  (e)   request the Registrar to convene a general court martial or a restricted court martial to try the charge.