23Accused person to be advised of right of election

23 Accused person to be advised of right of election

(1) The Registrar must issue a notice informing the accused person of his or her right to make an election for mode of trial if:

(a) a charge is referred to the Registrar; and

(b) that charge is a charge in relation to which:

(i) the accused person may make an election for mode of trial; and

(ii) the Director of Military Prosecutions has not, up to and immediately before the issuing of the notice, informed the Registrar of a decision that the offence is to be tried by a Military Judge alone.

Note 1 An accused person may not make an election for the mode of trial in relation to a charge of a class 1 offence — see section 132A of the Act.

Note 2 An accused person may make an election for the mode of trial in relation to a charge, or charges, of class 2 and class 3 offences, unless:

Note: (a) one of the charges against the accused person is for a class 1 offence — see section 132AA of the Act; or

Note: (b) a co‑accused does not make an election for the mode of trial to be by Military Judge alone — see sections 132AA and 132AB of the Act; or

Note: (c) the charge is of a class 3 offence and the Director of Military Prosecutions has decided that the offence is to be tried by a Military Judge alone — see subsections 103A (2) and 132AB (2) of the Act.

(2) The notice by the Registrar:

(a) must fix a time within which the accused person must make any election; and

(b) must be in accordance with any practice notes made for this purpose.