“(lf)

163

Add at the end of sub-section (1) the following paragraphs:—

‘(n) Any document which by virtue of the law of England would be admissible in proceedings before a civil court in England shall, in the like manner and for the like purpose, be admissible:

‘(o) For the purpose of the last preceding paragraph, the Bankers’ Books Evidence Act, 1879, of the United Kingdom shall be deemed to apply to and in relation to the production and admissibility of documentary evidence in accordance with that Act as if any reference to a bank in that Act includes a bank as defined by the Banking Act 1959–1967 of the Commonwealth of Australia’;”.

“(a)

3

Add the following paragraph:—

‘(c) The evidence of a witness against the accused may be given orally in the presence of the accused or, with the consent of the accused, by means of a statement in writing from the witness which the commanding officer shall read to the accused.’;

“(aa)

5

Insert after paragraph (a) the following paragraph:—

‘(aa) Nothing in the last preceding sub-rule prevents the commanding officer from hearing, and taking down, at any time before he exercises the powers conferred upon him by paragraphs (i), (ii) or (iii) of that sub-rule, further evidence that he considers relevant to the charge and for the purposes of the exercise of the powers conferred by those paragraphs the evidence so heard when taken down shall be deemed to be part of the summary of evidence.’;

“(ab)

10

Omit all the words from and including the words ‘In this rule the expression’ to the end of the rule and insert in their stead the following paragraph:—

‘In this rule, the expression “superior officer” means an officer superior in command to the officer or authority who awarded the punishment.’;

“(ac)

17

Omit from paragraph (c ) the words ‘the British Islands’ (wherever occurring) and insert in their stead the word ‘Australia’;

Omit paragraph (e) and insert in its stead the following paragraphs:—

‘(e) The officer convening a court-martial shall send to the officer appointed president of the court-martial the original charge-sheet on which the accused is to be tried and shall send to each of the other officers appointed to compose the court-martial and to the judge-advocate (if any) a copy of that charge-sheet.

‘(f) The officer convening a court-martial shall send the summary or abstract of evidence—

(i) where a judge-advocate is appointed to the court-martial—to the judge-advocate; or

(ii) where a judge-advocate is not so appointed—to the officer appointed president of the court-martial.’;

“(ad)

22

Omit from paragraph (a) the words ‘and the summary or abstract of evidence or a true copy thereof’;

“(ae)

39a

Insert after Rule 39 the following Rule:—

‘39a.—(a) At the close of the evidence for the prosecution the accused may, in respect of a charge, submit that the prosecution has failed to establish a prima facie case for him to answer and that he should not be called upon to make his defence to that charge, and if the accused makes such a submission, the prosecutor may address the court in answer to that submission and the accused may reply to the prosecutor’s address.

‘(b) The court shall not allow the submission unless it is satisfied that—

(i) it would not be open to the court to make an alternative finding under section 56 of the Air Force Act or a special finding under Rule of Procedure 44; and

(ii) there has been no evidence to prove an essential element in the alleged offence; or

(iii) the evidence adduced by the prosecution has been so discredited as the result of cross-examination, or is so manifestly unreliable, that no reasonable tribunal could safely convict on it.

‘ (c) If the court allows the submission, it shall find the accused not guilty of the offence to which the submission relates and announce this finding in open court forthwith and if the court disallows the submission, it shall proceed with the trial of the offence as charged.

‘(d) Where, in accordance with Rule 103a, the judge-advocate hears the addresses and determines the submission in the absence of the president and members of the court, the ruling of the judge-advocate as to allowance or disallowance of the submission shall, for the purposes of the last preceding paragraph of this rule, be deemed to be allowance or disallowance, as the case may be, by the court.

‘(e) Notwithstanding anything in the preceding paragraphs of this Rule, the court may, at any time after the opening address by the prosecutor, find the accused not guilty of any offence covered by the charge, if the court is satisfied that—

(i) the evidence available to the prosecution does not disclose an offence;

or

(ii) there is no evidence available to the prosecution to prove an essential element in the alleged offence or in any offence of which the court could make a special finding,

and, if the court so finds, it shall announce this finding in open court forthwith.’.

“(b)

40

Insert in paragraph (a), after the word ‘prosecution’, the words ‘or, if there has been a submission of no case to answer, after the disallowance of that submission’;”;

“(bfa)

103

Omit from paragraph (c) the words ‘and will give his advice on any matter before the court’ and insert in their stead the words ‘and shall give his ruling or advice thereon, as the case requires’;

Omit paragraph (f) and insert in its stead the following paragraphs:—

‘(f) Where, during the course of a trial that he attends, any question of law or procedure arises, the judge-advocate shall give his ruling thereon and the court shall follow that ruling;

‘(fa) Without prejudice to the generality of the meaning of the expression “question of law”, that expression, as used in this and the next succeeding Rule, shall be read as including a submission that there is no case to answer and any question relating to the admissibility of evidence.’;

“(bfb)

103a

Insert after Rule 103 the following Rule:—

‘103a—(a) Where the accused raises a question of law or procedure, then, he may address the court in respect of the matter, the prosecutor may address the court in answer to that address, and the accused may reply to the prosecutor’s address.

‘(b) Where the prosecutor raises a question of law or procedure, then, he may address the court in respect of the matter, the accused may address the court in answer to that address, and the prosecutor may reply to the accused’s address.

‘(c) Where a question of law or procedure is raised during a trial, and the judge-advocate considers that the interests of justice would best be served by his hearing argument and determining the issue in the absence of the court, he shall so advise the president and, thereupon, the president shall direct all members of the court and any officer under instruction to withdraw from the court-room, and he and they shall withdraw.

‘(d) When the president and members of the court have withdrawn in accordance with the last preceding paragraph of this Rule, the judge-advocate shall hear the arguments and any evidence relevant to the point at issue and in giving his ruling thereon shall state such reasons for that ruling as he considers necessary.

‘(e) After the judge-advocate has given his ruling, the president and members of the court and any officer under instruction shall return to the court-room and the judge-advocate shall announce his ruling to the court.

‘(f) Where a judge-advocate sits alone in accordance with this Rule, the proceedings before him form part of the proceedings of the court.

‘(g) The judge-advocate is responsible for ensuring that the president and members of the court do not see the record of proceedings before him while sitting alone until after the court has announced its finding.’.”.

Length of service

Corresponding rank

Not less than 18 years..........................................

Group Captain

Less than 18 years but not less than 12 years...........................

Wing Commander

Less than 12 years but not less than 4 years............................

Squadron Leader

Less than 4 years.............................................

Flight Lieutenant

Substantive rank.

General Duties Branch

Other Branches

Air Marshal........................................

60

..

Air Vice-Marshal....................................

57

60

Air Commodore.....................................

55

58

Group Captain......................................

55

57

Group Officer.......................................

..

55

Wing Commander....................................

50

55

Wing Officer.......................................

..

55

Squadron Leader.....................................

47

55

Squadron Officer.....................................

50

Flight Lieutenant.....................................

45

55

Flight Officer.......................................

50

Flying Officer.......................................

45

55

Section Officer......................................

50

Pilot Officer........................................

45

55