Commonwealth Consolidated Acts

DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 131

  (1)   This section applies to a trial by a summary authority of a charge of a Schedule   1A offence (other than a custodial offence).

  (2)   However, this section does not apply in relation to an accused person who is an officer referred to in paragraph   111B(2)(c).

  (3)   If, during the trial, the summary authority considers:

  (a)   that the evidence adduced by the prosecution is sufficient to support the charge; and

  (b)   that, if the accused person were convicted, it would be appropriate to impose an elective punishment on the person;

the summary authority must, before making a finding in relation to the charge, give the accused person an opportunity to elect, in accordance with section   131AA, to have the charge tried by a court martial or Defence Force magistrate.

Note 1:   If the summary authority considers that it would be appropriate to impose elective punishments in relation to 2 or more charges that are being tried together, the summary authority must give the accused person an opportunity to make an election in relation to each charge. If the accused person makes an election to have one or more of those charges tried by a court martial or Defence Force magistrate, the summary authority must refer that charge or those charges and, unless the Director of Military Prosecutions agrees otherwise, any other linked charge to the Director of Military Prosecutions: see subsection   131AA(3).

Note 2:   If the summary authority considers that it would be appropriate to impose, on 2 or more accused persons who are being tried together, elective punishments in relation to one or more charges, the summary authority must give each accused person an opportunity to make an election in relation to each of those charges.

Note 3:   For elective punishments that may be imposed by a summary authority for a Schedule   1A offence, see sections   69B and 69C.

  (4)   The accused person must be given an opportunity to obtain legal advice in relation to the election if a legal officer is reasonably available to give such advice.