Commonwealth Numbered Regulations

SUMMARY AUTHORITY RULES (SLI NO 344 OF 2007)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Name of Rules  
   2.      Commencement  
   3.      Transitional  
   4.      Interpretation  
   5.      Matters arising out of proceedings not covered by the Act, these Rules or the regulations  
   6.       Summons to accused person  
   7.      Service of summons  

   PART 2--CHARGE SHEETS AND CHARGES

   8.      Charge sheets  
   9.      Charges  
   10.     How charges to be interpreted  
   11.     Amendment of charge sheet by summary authority  

   PART 3--WITNESSES

   12.     Securing appearance of witness for accused person  
   13.     Accused person to be given copies of statements by witnesses  
   14.     Exclusion of witness from the hearing room  
   15.     Examination of witness  
   16.     Recalling of witness and calling of further witnesses  
   17.     Witness to reply immediately  
   18.     Expenses for witnesses  

   PART 4--SUMMARY HEARINGS

   19.     General responsibilities of summary authority  
   20.     Hearing (other than a trial) by summary authority  
   21.     Defence of accused person at summary hearing  

   PART 5--HEARING BEFORE EXAMINING OFFICER

   22.     Hearing by examining officer of evidence of a dangerously ill person  
   23.     Hearing by examining officer of evidence in other cases  
   24.     Application of certain rules to proceedings before examining officer  

   PART 6--REGISTRAR OF MILITARY JUSTICE AND DIRECTOR OF MILITARY PROSECUTIONS

   25.     Order referring charge or case to superior summary authority or commanding officer  

   PART 7--TRIAL PROVISIONS

   26.     Employment of, objections to, and swearing of recorders and interpreters  
   27.     Administration of oaths and affirmations  
   28.     Application by accused person or prosecutor for adjournment of proceedings  
   29.     Right of accused person and prosecutor to argue and give evidence on matter to be decided by summary authority  
   30.     Pleading to charges  
   31.     Opening address by prosecution  
   32.     Summary authority may direct substitution of plea of not guilty  
   33.     Submission of no case to answer  
   34.     Opening address by defence  
   35.     Closing addresses  
   36.     Evidence of material facts after conviction on plea of guilty  
   37.     Convicted person's record etc and plea in mitigation  

   PART 8--PROCEDURE FOR IMPOSING PUNISHMENT IN CASE OF BREACH OF UNDERTAKING TO BE OF GOOD BEHAVIOUR

   38.     Application  
   39.     Evidence of material facts, convicted person's record etc and plea in mitigation  

   PART 9--RECORD OF PROCEEDINGS AND EXHIBITS

   40.     Record of proceedings of hearing before summary authority  
   41.     Loss of original record of proceedings