Commonwealth Consolidated Regulations

AUSTRALIAN MILITARY COURT RULES 2007 - REG 29

         (1)   A witness appearing before the Australian Military Court:

                (a)    may be:

                          (i)    examined by the person who called the witness; and

                         (ii)    cross‑examined by the opposite party to the proceedings or by a co‑accused; and

               (b)    on conclusion of any cross‑examination may be re‑examined, on matters arising out of the cross‑examination, by the person who called the witness.

         (2)   The Military Judge may allow the cross‑examination or re‑examination of a witness to be postponed if, in the opinion of the Military Judge, it is in the interests of justice to do so.

         (3)   A Military Judge may question a witness.

         (4)   During a trial before a military jury, members of the military jury are entitled to question a witness, if:

                (a)    in the opinion of the Military Judge, the question is relevant and admissible; and

               (b)    the question is put to the witness by the Military Judge.

         (5)   If a question put under subrule (3) or (4) is answered, the accused person and the prosecuting officer may put to the witness such questions arising from the answer that the witness has given as seem proper to the Military Judge.