30Recalling of witness and calling of further witnesses

30 Recalling of witness and calling of further witnesses

(1) The prosecuting officer and the accused person may, at any time before:

(a) in a trial by the Australian Military Court with a military jury — a Military Judge begins to sum up; or

(b) in a trial by the Australian Military Court before a Military Judge alone — the Military Judge makes a finding on the charge; or

(c) in the hearing of an appeal to the Australian Military Court, if the Court considers that it must receive and consider new evidence under section 163 of the Act — the Military Judge determines the appeal;

recall a witness by leave of the Military Judge.

(2) After the witnesses for the defence have given their evidence, the prosecuting officer may, by leave of the Military Judge, call a witness to give evidence on any matter raised by the accused person in his or her defence in respect of which evidence could not properly have been adduced, or which could not reasonably have been foreseen, by the prosecution before the accused person presented his or her defence.

(3) In a trial by the Australian Military Court with a military jury, a Military Judge may call a witness or recall a witness:

(a) at any time before beginning to sum up; and

(b) if, in the opinion of the Military Judge, it is in the interests of justice to do so.

(4) In a trial by the Australian Military Court before a Military Judge alone, the Military Judge may call a witness or recall a witness:

(a) at any time before making a finding on the charge; and

(b) if, in the opinion of the Military Judge, it is in the interests of justice to do so.

(4A) In the hearing of an appeal to the Australian Military Court, if the Court has decided under subsection 163 (1) of the Act that new evidence must be received and considered, the Military Judge:

(a) may call a witness or recall a witness at any time before determining the appeal; and

(b) may recall a witness already heard in the appeal if, in the opinion of the Military Judge, it is in the interests of justice to do so.

(5) If a witness is called or recalled in accordance with this rule, the accused person and the prosecuting officer may put such questions to the witness as seem proper to the Military Judge.