Commonwealth Numbered Regulations

COURT MARTIAL AND DEFENCE FORCE MAGISTRATE RULES (SLI NO 296 OF 2009)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   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  

   PART 2--CHARGE SHEETS AND CHARGES

   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  

   PART 3--WITNESSES

   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  

   PART 4--REGISTRAR

   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  

   PART 5--COURTS MARTIAL

   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  

   PART 6--DEFENCE FORCE MAGISTRATE

   31.     Functions of Defence Force magistrate  

   PART 7--TRIAL PROVISIONS

   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  

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

   45.     Application  
   46.     Evidence as to material facts, convicted person's record etc and plea in mitigation  

   PART 9--RECORD OF PROCEEDINGS AND EXHIBITS

   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