Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) A prosecuting officer must commence proceedings by reading the charge to the accused person.
(2) After the prosecuting officer has read the charge, the summary authority must consider which of the following courses of action are open to him or her:
(a) trying the charge;
(b) referring the charge to the Director of Military Prosecutions;
(c) referring the charge to another summary authority;
(d) directing that the charge not be proceeded with.
(3) The summary authority must then decide which of the courses of action to take for the charge.
(4) To decide which of the courses of action to take:
(a) the summary authority may call on the prosecuting officer to provide an outline of the case; and
(b) if the prosecuting officer is called on, the prosecuting officer must state briefly:
(i) the elements of the offence that, on a trial of the charge, would have to be proved before the accused person could be found guilty and convicted; and
(ii) for each element -- the alleged facts on which, on a trial of the charge, the prosecuting officer would rely to support the charge; and
(iii) the nature of the evidence that, on a trial of the charge, the prosecuting officer would propose to present to prove the alleged facts; and
(c) if the prosecuting officer is called on, the prosecuting officer may give an explanation of an alternative offence to the offence with which the accused person has been charged.
(5) After hearing the outline of the case in accordance with subrule (4), the summary authority may hear evidence in relation to the charge in accordance with subsection 111A (1) of the Act.