Commonwealth Numbered Regulations

COURT MARTIAL AND DEFENCE FORCE MAGISTRATE RULES (SLI NO 296 OF 2009) - RULE 9

         (1)   A charge shall state 1 offence only.

         (2)   A charge shall consist of 2 parts, namely:

                (a)    a statement of the offence that the accused person is alleged to have committed; and

               (b)    particulars of the act or omission constituting the offence.

         (3)   A statement of an offence shall contain:

                (a)    in the case of an offence other than an offence against the common law -- a reference to the provision of the law creating the offence; and

               (b)    in any case -- a sufficient statement of the offence.

         (4)   Without prejudice to any other sufficient manner of setting out the statement of an offence, the statement of an offence shall be sufficient if it is set out in the appropriate form in Schedule 1.

         (5)   Particulars of an offence shall contain a sufficient statement of the circumstances of the offence to enable the accused person to know what it is intended to prove against that person as constituting the offence.

         (6)   At a trial by a court martial or Defence Force magistrate, 2 or more accused persons may be charged jointly in 1 charge of an offence alleged to have been committed by them jointly.