Commonwealth Numbered Regulations

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SUMMARY AUTHORITY RULES (SLI NO 344 OF 2007) - REG 21

Defence of accused person at summary hearing

         (1)   An accused person may request the services of a specified member of the Defence Force to defend the accused person at the hearing of a proceeding before a summary authority.

         (2)   If an accused person makes a request under subrule (1), the person whose services are requested must be permitted to defend the accused person unless:

                (a)    the services of the person are not reasonably available; or

               (b)    the hearing is before a subordinate summary authority and the person requested is a legal officer.

         (3)   If an accused person makes a request under subrule (1) for representation by a legal officer at a hearing before a commanding officer or superior summary authority, the legal officer whose services are requested must be permitted to defend the accused if:

                (a)    leave is given by that commanding officer or superior summary authority; and

               (b)    the services of the legal officer are reasonably available.

         (4)   If the services of a person which have been requested by an accused person under subrule (1) are not reasonably available, the summary authority must, with the consent of the accused person, direct a defence member to defend the accused person.



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