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DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 87 Summons and order in the nature of summons

DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 87

Summons and order in the nature of summons

  (1)   Where an authorized member of the Defence Force believes, on reasonable grounds, that a person has committed a service offence, the authorized member may:

  (a)   if the person is a defence member:

  (i)   charge the defence member with the service offence;

  (ii)   cause a copy of the charge to be given to the defence member; and

  (iii)   order the defence member to appear before a commanding officer at a specified time and place to be dealt with in accordance with section   110; or

  (b)   whether or not the person is a defence member--cause to be prepared a summons directed to the person specifying the service offence that the person is alleged to have committed and requiring the person to appear before a commanding officer at a time and place specified in the summons to be dealt with in accordance with section   110; or

  (ba)   if the authorized member is the Director of Military Prosecutions:

  (i)   if the person is a defence member--charge the defence member with the service offence, cause a copy of the charge to be given to the defence member and order the defence member to appear before a superior summary authority at a specified time and place to be dealt with in accordance with section   109; or

  (ii)   whether or not the person is a defence member--cause to be prepared a summons directed to the person specifying the service offence that the person is alleged to have committed and requiring the person to appear before a superior summary authority at a time and place specified in the summons to be dealt with in accordance with section   109; or

  (c)   if the authorized member is the Director of Military Prosecutions, do one of the following:

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

  (iii)   request the Registrar to convene a court martial to try the charge.

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

  (1A)   To avoid doubt, the Director of Military Prosecutions:

  (a)   may exercise any or all of the powers referred to in paragraphs   (1)(a), (b), (ba) and (c); and

  (b)   may exercise the power referred to in paragraph   (1)(c) in addition to, or instead of, the powers referred to in paragraphs   (1)(a), (b) and (ba).

  (2)   A summons under paragraph   (1)(b) or subparagraph   (1)(ba)(ii) must be served on the person to whom it is directed in a manner specified in the regulations.

  (3)   Where a summons relating to a service offence is served on a person in accordance with subsection   (2), the person shall be taken, for the purposes of this Act, to have been charged with the offence.

  (4)   A superior officer may order an accused person, being a defence member, to appear before a service tribunal for any purpose relating to the charge against the person.

  (5)   The appropriate authority may summon an accused person (whether or not a defence member), in a manner provided for in the rules of procedure, to appear before a service tribunal for any purpose relating to the charge against the person.

  (6)   In this section:

"authorized member of the Defence Force" means:

  (a)   the Director of Military Prosecutions; or

  (b)   a member of the Defence Force, or a member of the Defence Force included in a class of members of the Defence Force, authorized, in writing, by a commanding officer for the purposes of this section.