Court Martial and Defence Force Magistrate Rules

No longer in force

Administered by

Department of Defence

This item is authorised by the following title:

Defence Force Discipline Act 1982

Superseded version

View latest version

F2009L04030

23 October 2009 - 24 October 2013

Table of contents

1 Name of Rules
2 Commencement
3 Interpretation
4 Cases not covered by the Act, these Rules or the regulations
5 Summons to accused person
6 Service of summons
7 Instrument for purposes of section 194A of the Act
8 Charge sheets
9 Charges
10 How charges to be construed
11 Amendment of charge sheets by judge advocate or Defence Force magistrate
12 Withdrawal of charge
13 Securing appearance of witness on behalf of accused person
14 Director of Military Prosecutions to notify accused person of evidence or intention not to call witness at trial by court martial or Defence Force magistrate
15 Exclusion of witness from court
16 Examination of witness
17 Calling and recalling witnesses
18 Witness to reply forthwith
19 Expenses for witnesses
20 Registrar may liaise with certain persons
21 Registrar may consult with services about conduct of proceedings
22 Registrar may consult with services about administrative support for trial proceedings
23 Order referring charge or case to Defence Force magistrate
24 Registrar to provide certain documents
25 Inspection of exhibits before trial
26 Functions of President
27 Functions of judge advocate
28 Manner of voting of court martial
29 Objections to members of court martial
30 Swearing of court martial
31 Functions of Defence Force magistrate
32 Employment of, objections to, and swearing of recorders and interpreters
33 Administration of oaths and affirmations
34 Application by accused person or prosecuting officer for adjournment of proceedings
35 Right of accused person and prosecuting officer to argue and adduce evidence on matter to be decided
36 Pleading to charges and arraignment
37 Opening address by prosecution
38 Judge advocate or Defence Force magistrate may direct substitution of plea of not guilty
39 Submission of no case to answer
40 Opening address by defence
41 Closing addresses
42 Summing up
43 Evidence as to material facts after conviction on plea of guilty
44 Convicted person’s record etc and plea in mitigation
45 Application
46 Evidence as to material facts, convicted person’s record etc and plea in mitigation
47 Record of proceedings before court martial or Defence Force magistrate
48 Inspection of record of proceedings etc during trial
49 Loss of original record of proceedings
50 Exhibits
51 Relief from Rules
- Schedule 1 Statement of offences
- Schedule 2 Form of charge sheet

Court Martial and Defence Force Magistrate Rules

Legislation text