58Summing up and military jury deliberation

58 Summing up and military jury deliberation

(1) After the closing addresses (if any) at a trial by the Australian Military Court sitting with a military jury, the Military Judge must sum up the evidence and direct the military jury on the law relating to the case.

(2) After the Military Judge has summed up, the military jury must retire to consider its verdict.

(3) The military jury must consider its verdict in private.

(4) The Military Judge may permit the military jury to return to the court to ask the Military Judge for further directions on matters of law or fact.

(5) All communications between the military jury and the Military Judge must be conducted in open court.

(5A) The Military Judge may permit the military jury to separate at any time after they retire to consider their verdict.

(5B) The Military Judge may refuse to allow an exhibit to be left with military jurors after they retire to consider a verdict if satisfied that the safety or security of the exhibit or the military jurors may be put at risk.

(5C) If the Military Judge considers it appropriate, the Military Judge may give a direction of law to the military jury in writing.

(5D) If the Military Judge considers it appropriate and practicable to do so, the Military Judge may, at the request of the military jury, arrange for a copy of all or any part of the transcript of evidence at the trial to be supplied to the members of the military jury.

(6) When the military jury has reached a verdict:

(a) the Military Judge must direct the clerk of the court to reassemble the court; and

(b) the spokesperson for the military jury must announce the verdict in open court.

(7) The Military Judge must discharge the military jury if:

(a) the military jury has deliberated for at least 8 hours and has not reached a verdict; and

(b) the Military Judge is satisfied that there is no prospect of the jury reaching a unanimous or majority verdict.