Commonwealth Consolidated Regulations

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AUSTRALIAN MILITARY COURT RULES 2007 - REG 36

Application by military juror for withdrawal of summons

         (1)   If a person has been served with a summons and has informed the Registrar that he or she is not liable to serve on the military jury, or ought to be excused from serving on the military jury, the Registrar may:

                (a)    if the Registrar is satisfied that the person is not liable to serve as a military juror or should be excused from military jury service -- withdraw the summons; or

               (b)    refuse to withdraw the summons.

         (2)   If the Registrar has refused to withdraw a summons under subrule (1), the military juror may apply in writing to a Military Judge for a review of the decision.

         (3)   If the Military Judge decides that the person is not liable to serve as a military juror or should be excused:

                (a)    the summons issued to the military juror is taken to be withdrawn; and

               (b)    the Registrar must appoint a reserve military juror to the military jury.



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