33EPersons exempt from serving on military jury

33E Persons exempt from serving on military jury

(1) The following persons are exempt from serving as a member of a military jury:

(a) the Chief of the Defence Force;

(b) legal officers;

(c) chaplains;

(d) service police officers;

(e) warrant officers who are members of a police corps or service.

Note 1 A legal officer means an officer who is a legal practitioner — see subsection 3 (1) of the Act.

Note 2 A service police officer means an officer who is a member of a police corps or service, and includes a provost marshal and a deputy provost marshal — see subsection 3 (1) of the Act.

(2) A person is exempt from serving as a member of a military jury if the military trial is to be held in Australia, and at the time that the military jury is selected the Registrar is satisfied that:

(a) the person will be posted or deployed in a country other than Australia during the anticipated period of the military trial; or

(b) the person will be serving on a ship that will be away from its home port during the anticipated period of the military trial.

(3) Subrule (2) applies only if, and to the extent that, the exigencies of service permit.

33F Director of Military Prosecutions to disclose information to Registrar to assist in random selection, screening and appointment of military jurors and reserve military jurors

(1) The Director of Military Prosecutions must disclose sufficient information to the Registrar to enable the Registrar to randomly select, screen and appoint members of a military jury in accordance with the requirements of the Act and these Rules.

(2) The information must including the following:

(a) the name of each prosecution witness;

(b) the rank (if any) of each prosecution witness;

(c) the service details of the accused person.