26Disclosure of prosecution case against accused person — time for providing statements, documents and information

26 Disclosure of prosecution case against accused person — time for providing statements, documents and information

(1) A statement, document or information required to be provided under rule 25 must be given to the accused person before the Director of Military Prosecutions requests the Registrar to refer a matter:

(a) for trial; or

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

(2) If the Director of Military Prosecutions request the Registrar to refer a matter for trial, the Director of Military Prosecutions must certify, by notice in writing given to the Registrar accompanying the request, that all statements, documents and information have been provided to the accused person in accordance with this rule, and rule 25.

(3) If the Director of Military Prosecutions request the Registrar to refer a matter for action by the Australian Military Court under Part IV of the Act, the Director of Military Prosecutions must:

(a) in relation to any proceedings that were held before a summary authority — give to the Registrar a record of evidence in relation to the charge at the proceedings; and

(b) certify, by notice in writing given to the Registrar accompanying the request, that all statements, documents and information have been provided to the accused person in accordance with this rule, and rule 25.

(4) An obligation under this rule, or rule 25, to provide a statement, a document or information:

(a) exists whether or not the accused person has mentioned any intention as to how he or she might plead to the charge; and

(b) continues until:

(i) the accused person is convicted; or

(ii) the accused person is acquitted; or

(iii) the charge is dismissed after the prosecution offers no evidence; or

(iv) the charge is withdrawn; or

(v) the Director of Military Prosecutions directs that the charge not be proceeded with.