Commonwealth Consolidated Regulations

AUSTRALIAN MILITARY COURT RULES 2007 - REG 63

         (1)   An accused person who has been sent a list of exhibits in accordance with paragraph 25 (3) (d) must, on application by that person to the Registrar or Military Judge, be permitted by the custodian of the exhibit to inspect and to copy any exhibit.

         (2)   The custodian of the exhibit must ensure that proper precautions are taken for the safety of the exhibit during an inspection under subrule (1).

64             Record of proceedings before Australian Military Court -- trials

         (1)   The proceedings before the Australian Military Court in a trial must, if practicable, be recorded verbatim.

         (2)   If the proceedings before the Australian Military Court are not recorded verbatim, they must be recorded in sufficient detail to enable the course of the proceedings to be followed, and the merits of the case to be judged, from the record, and in particular:

                (a)    subject to paragraph (b), the evidence must be taken down in narrative form and as nearly as possible to the words used; and

               (b)    if:

                          (i)    the prosecution or the defence so requests and the Military Judge so directs; or

                         (ii)    in any other case, the Military Judge so directs;

                        a particular question and the answer to it must be taken down verbatim; and

                (c)    a record must be made of the proceedings relating to each objection, submission or application; and

               (d)    subject to paragraph (e), any address by the prosecution or the defence or the summing up by the Military Judge, if not in writing, must be recorded to such extent as the Military Judge directs; and

                (e)    if the prosecution or the defence so requires, a record must be made of any particular point in the address by the prosecution or the defence or summing up by the Military Judge.

         (3)   If the proceedings are recorded verbatim, the recorder must prepare or cause to be prepared a transcript in writing, which must be authenticated by the person who made the transcript.

         (4)   The written record of rulings and directions must be certified in writing as true and correct by the Military Judge as soon as practicable after the trial.

         (5)   The Chief Military Judge must keep a proper record of the proceedings of the Australian Military Court.

         (6)   The proper record must be kept in the custody of:

                (a)    the Chief Military Judge; or

               (b)    a person nominated in writing by the Chief Military Judge.