33CLiability to serve as member of military jury — special circumstances

33C Liability to serve as member of military jury — special circumstances

(1) In special circumstances, a Military Judge may determine that:

(a) in addition to the persons mentioned in paragraph 33B (a) — members of the Naval Reserve, the Army Reserve and the Air Force Reserve are liable to serve as members of a military jury; or

(b) only certain persons mentioned in rule 33B are liable to serve as members of a military jury; or

(c) only certain persons mentioned in rule 33B and paragraph (1) (a) are liable to serve as members of a military jury.

Note The Military Judge may, for instance, determine that only persons serving in a particular geographic area outside Australia are liable to serve on a particular military jury.

(2) For the purpose of this rule, special circumstances exist if the Military Judge is satisfied that due to the particular circumstances of a military trial, it is not reasonably practicable to select a military jury from the persons mentioned in paragraph 33B (a) for the trial.

(3) Before making a decision mentioned in subrule (2), the Military Judge must consider submissions from the accused person and the Director of Military Prosecutions.