13Charge sheets

13 Charge sheets

(1) A charge against an accused person must be entered in a charge sheet that is signed and dated by the Director of Military Prosecutions.

(2) Subject to sections 122 and 132A of the Act, a charge sheet for the trial of an accused person by the Australian Military Court may contain more than 1 charge if the offences charged:

(a) form, or are part of, a series of offences of the same or a similar character; or

(b) are founded on the same or closely related acts or omissions; or

(c) are founded on a series of acts done or omitted to be done in the prosecution of a single purpose; or

(d) are alternative to other charges in the charge sheet.

(3) Subject to sections 122 and 132A of the Act, at a trial before the Australian Military Court, 2 or more accused persons may be charged in the same charge sheet with offences alleged to have been committed by them separately if the acts or omissions on which the charges are founded are so connected that it is in the interests of justice that they be tried together.

(4) A charge sheet must be in accordance with Form 2 of Schedule 2.

Note for subrules (2) and (3) Sections 122 and 132A may affect the operation of these provisions as follows:

Note: (a) section 122 of the Act provides that the number of members on a military jury may differ according to the class of offence;

Note: (b) section 132A provides for a trial by a Military Judge alone, or a Military Judge and military jury, according to the class of offence.