Commonwealth Consolidated Regulations

AUSTRALIAN MILITARY COURT RULES 2007

- made under the Defence Force Discipline Act 1982

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Name of Rules [see Note 1]  
   2.      Commencement  
   3.      Repeal of Defence Force Discipline Rules 1985  
   4.      Definitions  
   5.      Seal and stamp of Australian Military Court  
   6.      Cases not covered by the Act, the Rules or the Regulations  
   7.      Instrument for purposes of section 194A of the Act  

   PART 2--AUSTRALIAN MILITARY COURT

   8.      Functions of Military Judge  

   PART 3--FUNCTIONS OF REGISTRAR, AND ADMINISTRATION

   9.      Registrar may liaise with certain persons  
   10.     Registrar may consult with services about conduct of proceedings  
   11.     Registrar may consult with services about administrative support for trial proceedings  
   12.     Registrar to conduct case management conferences  

   PART 4--CHARGE SHEETS AND CHARGES

   13.     Charge sheets  
   14.     Charges  
   15.     How charges to be construed  
   16.     Amendment of charge sheets by Military Judge  
   17.     Withdrawal of charge  

   PART 5--SUMMONSES

   18.     Summons to accused person  
   19.     Service of summons -- accused member of Defence Force  
   20.     Service of summons to witness  
   21.     Personal service of summons -- accused person or witness  
   22.     Time for service of summons  

   PART 6--MODE OF TRIAL --JURY OR NON-JURY

   23.     Accused person to be advised of right of election  
   24.     Election by accused person  
   24A.    Withdrawal, change or making of election by accused person  
   24B.    Revocation of election by accused person -- multiple trials  

   PART 7--DISCLOSURE OF PROSECUTION CASE AND SUPPLEMENTARY INFORMATION

   25.     Disclosure of prosecution case against accused person -- witness statements  
   26.     Disclosure of prosecution case against accused person -- time for providing statements, documents and information  

   PART 8--WITNESSES

   27.     Securing appearance of witnesses on behalf of accused person  
   28.     Exclusion of witness from court  
   29.     Examination of witness  
   30.     Recalling of witness and calling of further witnesses  
   31.     Witness to reply forthwith  
   32.     Expenses for witnesses  

   PART 9--MILITARY JURIES

   33.     Registrar to select, screen and appoint military jurors and reserve military jurors  
   33A.    Validity of constitution of military jury  
   33B.    Liability to serve as member of military jury  
   33C.    Liability to serve as member of military jury -- special circumstances  
   33D.    Persons disqualified from serving on military jury  
   33E.    Persons exempt from serving on military jury  
   33F.    Director of Military Prosecutions to disclose information to Registrar to assist in random selection, screening and appointment of military jurors and reserve military jurors  
   33G.    Registrar to randomly select potential military jurors  
   33H.    Registrar to randomly select potential reserve military jurors  
   33I.    Registrar to screen potential military jurors and reserve military jurors  
   33J.    Biased persons not to be appointed to military jury  
   33K.    Registrar to decide whether to excuse a potential military juror or reserve military juror -- before summons  
   34.     Service of summons to military juror etc  
   35.     Registrar to appoint military jurors and reserve military jurors by summons  
   36.     Application by military juror for withdrawal of summons  
   36A.    Obligation to exchange information about military jurors and reserve military jurors who may be unsuitable  
   36B.    Registrar to make results of screening process available  
   37.     Objection by accused person on grounds of ineligibility etc  
   38.     Objection by accused person on ground of bias  
   39.     Military juror etc must notify belief of own bias  
   40.     Replacement of military jurors etc by Registrar  
   41.     Replacement of military jurors etc by Military Judge  

   PART 10--LISTING OF HEARING

   42.     Listing a hearing -- trials  
   42A.    Listing a hearing -- appeals from summary authorities  

   PART 11--TRIAL PROVISIONS

   43.     Employment of recorders etc  
   44.     Administration of oaths and affirmations  
   45.     Application by accused person or prosecuting officer for adjournment of proceedings  
   46.     Objection by accused person to military juror  
   47.     Swearing of military jury  
   48.     Military jury to elect spokesperson  
   48A.    Military jury permitted to separate during the trial  
   49.     Manner of voting of military jury  
   50.     Right of accused person and prosecuting officer to argue and adduce evidence on matter to be decided by the Australian Military Court  
   51.     Pleading to charges and arraignment  
   52.     Pleading -- previous acquittal or conviction  
   53.     Opening address by prosecution  
   54.     Australian Military Court may direct substitution of plea of not guilty  
   55.     Submission of no case to answer  
   56.     Opening address by defence  
   57.     Closing addresses  
   58.     Summing up and military jury deliberation  
   58A.    Questioning of military juror -- exposure to prejudicial material  
   58B.    Questioning of military juror -- improper inquiries about trial matters  
   59.     Discharge of military jury  
   60.     Evidence as to material facts after conviction on plea of guilty  
   61.     Convicted person's record etc and plea in mitigation  

   PART 12--DOCUMENTS AND EXHIBITS

   62.     Exhibits  
   63.     Inspection of exhibits before trial  

   PART 13--RECORD OF PROCEEDINGS

   64.     Record of proceedings before Australian Military Court -- trials  
   64A.    Record of proceedings before Australian Military Court -- appeals from summary authorities  
   65.     Inspection of record of proceedings etc during trial  
   66.     Loss of original record of proceedings  

   PART 14--PROCEDURE FOR IMPOSING PUNISHMENT IN CASE OF BREACH OF UNDERTAKING TO BE OF GOOD BEHAVIOUR

   67.     Application of Part 14  
   68.     Evidence as to material facts, convicted person's record etc and plea in mitigation  

   PART 14A--APPEALS FROM CONVICTION BY SUMMARY AUTHORITY

           Division 1--Notices etc relating to appeals

   68A.    Lodgment of notice of appeal etc  
   68B.    Notification of appeal or application for extension of time to appeal  
   68C.    Discontinuance of appeal  
   68D.    Decision on application for extension of time to appeal  
   68E.    Information relating to appeal  

           Division 2--Conduct of appeal

   68F.    How appeal is conducted  
   68G.    Amended grounds of appeal  
   68H.    New evidence  
   68I.    Report by summary authority  

           Division 3--Decision on appeal

   68J.    Determination of appeal  
   68K.    Reasons for decision  
   68L.    New trial  

   PART 15--MISCELLANEOUS

   69.     Practice notes  
   70.     Adjournments  
   71.     Lodging or giving documents to Australian Military Court or Registrar  
   72.     Lodging or giving documents to person other than Australian Military Court or Registrar  
   73.     Relief from Rules  
   74.      Proceedings wanting or in doubt  
           SCHEDULE 1 Statement of offences
           SCHEDULE 2 Forms