25Disclosure of prosecution case against accused person — witness statements

25 Disclosure of prosecution case against accused person — witness statements

(1) If the Director of Military Prosecutions requests the Registrar of the Australian Military Court to refer a matter:

(a) for trial; or

(b) for action by the Australian Military Court under Part IV of the Act;

the Director of Military Prosecutions must ensure that:

(c) the accused person; and

(d) if a trial with a military jury is required — the Registrar;

are provided with, or have already been provided with, the information or copies of the documents mentioned in subrule (3).

(2) The Registrar must disclose to the Military Judge all information and documents provided to the Registrar under paragraph (1) (d).

(3) For subrule (1), the information and documents are as follows:

(a) the charge sheet signed and dated by the Director of Military Prosecutions;

(b) the record of evidence in relation to the charge taken at any proceedings before a summary authority, together with all documents relating to those proceedings;

(c) a list of the names of prosecution witnesses;

(d) a list of prosecution exhibits;

(e) each witness statement from a witness mentioned in paragraph (c);

(f) any information, document or thing in the possession of the prosecuting officer that is relevant to the reliability or credibility of a prosecution witness;

(g) any information, document or thing in the possession of the prosecuting officer that is adverse to the credit or credibility of the accused person.

(4) If the prosecuting officer decides not to call a witness to give evidence that:

(a) is contained in a written statement furnished to the accused person under paragraph (3) (e); or

(b) has been notified to the accused person under subrule (1);

the prosecuting officer must:

(c) if it is practicable to do so before the trial, inform the accused person:

(i) that the prosecuting officer does not intend to call the witness to give evidence; and

(ii) that the accused person may call the witness as a witness for the defence; or

(d) inform the accused person at the trial that the prosecuting officer does not intend to call the witness to give evidence but will tender the witness for cross‑examination by the accused person if the accused person so requests.

Registrar to disclose documents and information to Military Judge

(5) The Registrar must disclose to the Military Judge all documents or information provided to the Registrar:

(a) under subrule (1); and