Commonwealth Consolidated Regulations

AUSTRALIAN MILITARY COURT RULES 2007 - REG 24

         (1)   An election in relation to the mode of trial may be made only:

                (a)    in writing by the accused person; or

               (b)    with the leave of a Military Judge, orally by the accused person.

         (2)   An election under subrule (1) must be made:

                (a)    within the time fixed by paragraph 23 (2) (a); and

               (b)    in accordance with any practice notes made for this purpose.

         (3)   A Military Judge must not grant leave to the accused person to make an election under paragraph (1) (b) unless satisfied that the accused person understands the nature and effect of the election.

         (4)   An election under paragraph (1) (b) must form part of the record of proceedings.

Note    Proceedings are recorded in accordance with rule 64.