Commonwealth Numbered Regulations

AUSTRALIAN MILITARY COURT RULES 2007 (SLI NO 360 OF 2007)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Name of Rules  
   2.      Commencement  
   3.      Repeal of Defence Force Discipline Rules 1985  
   4.      Definitions  
   5.      Seal of Australian Military Court  
   6.      Cases not covered by the Act, the Rules or the Regulations  
   7.       Instrument for purposes of section 194A of the Act  

   PART 2--AUSTRALIAN MILITARY COURT

   8.      Functions of Military Judge  

   PART 3--FUNCTIONS OF REGISTRAR, AND ADMINISTRATION

   9.      Registrar may liaise with certain persons  
   10.     Registrar may consult with services about conduct of proceedings  
   11.     Registrar may consult with services about administrative support for trial proceedings  
   12.     Registrar to conduct case management conferences  

   PART 4--CHARGE SHEETS AND CHARGES

   13.     Charge sheets  
   14.     Charges  
   15.     How charges to be construed  
   16.     Amendment of charge sheets by Military Judge  
   17.     Withdrawal of charge  

   PART 5--SUMMONSES

   18.     Summons to accused person  
   19.     Service of summons -- accused member of Defence Force  
   20.     Service of summons to witness  
   21.     Personal service of summons -- accused person or witness  
   22.     Time for service of summons  

   PART 6--MODE OF TRIAL --JURY OR NON-JURY

   23.     Accused person to be advised of right of election  
   24.     Election by accused person  

   PART 7--DISCLOSURE OF PROSECUTION CASE AND SUPPLEMENTARY INFORMATION

   25.     Disclosure of prosecution case against accused person -- witness statements  
   26.     Disclosure of prosecution case against accused person -- time for providing statements, documents and information  

   PART 8--WITNESSES

   27.     Securing appearance of witnesses on behalf of accused person  
   28.     Exclusion of witness from court  
   29.     Examination of witness  
   30.     Recalling of witness and calling of further witnesses  
   31.     Witness to reply forthwith  
   32.     Expenses for witnesses  

   PART 9--MILITARY JURIES

   33.     Registrar to appoint military jurors etc  
   34.     Service of summons to military juror etc  
   35.     Biased persons not to be appointed to military jury  
   36.     Director of Military Prosecution to disclose information to Registrar  
   37.     Objection by accused person on grounds of ineligibility etc  
   38.     Objection by accused person on ground of bias  
   39.     Military juror etc must notify belief of own bias  
   40.     Replacement of military jurors etc by Registrar  
   41.     Replacement of military jurors etc by Military Judge  

   PART 10--LISTING OF HEARING

   42.     Listing a hearing  

   PART 11--TRIAL PROVISIONS

   43.     Employment of recorders etc  
   44.     Administration of oaths and affirmations  
   45.     Application by accused person or prosecuting officer for adjournment of proceedings  
   46.     Objection by accused person to military juror  
   47.     Swearing of military jury  
   48.     Military jury to elect spokesperson  
   49.     Manner of voting of military jury  
   50.     Right of accused person and prosecuting officer to argue and adduce evidence on matter to be decided by the Australian Military Court  
   51.     Pleading to charges and arraignment  
   52.     Pleading -- previous acquittal or conviction  
   53.     Opening address by prosecution  
   54.     Australian Military Court may direct substitution of plea of not guilty  
   55.     Submission of no case to answer  
   56.     Opening address by defence  
   57.     Closing addresses  
   58.     Summing up and military jury deliberation  
   59.     Discharge of military jury  
   60.     Evidence as to material facts after conviction on plea of guilty  
   61.     Convicted person's record etc and plea in mitigation  

   PART 12--DOCUMENTS AND EXHIBITS

   62.     Exhibits  
   63.     Inspection of exhibits before trial  

   PART 13--RECORD OF PROCEEDINGS

   64.     Record of proceedings before the Australian Military Court  
   65.     Inspection of record of proceedings etc during trial  
   66.     Loss of original record of proceedings  

   PART 14--PROCEDURE FOR IMPOSING PUNISHMENT IN CASE OF BREACH OF UNDERTAKING TO BE OF GOOD BEHAVIOUR

   67.     Application of Part 14  
   68.     Evidence as to material facts, convicted person's record etc and plea in mitigation  

   PART 15--MISCELLANEOUS

   69.     Practice notes  
   70.     Adjournments