61Convicted person’s record etc and plea in mitigation

61 Convicted person’s record etc and plea in mitigation

(1) After the conviction of a person by the Australian Military Court, the prosecuting officer must cause evidence to be adduced, or must make submissions, about:

(a) if the convicted person is a member of the Defence Force or was a member of the Defence Force at the time of commission of the offence of which the person has been convicted — relevant particulars of the person’s service in the Defence Force; and

(b) particulars of any previous convictions of the convicted person for service offences, civil court offences and overseas offences; and

(c) matters relevant to punishment and orders that might be imposed under Part IV of the Act, the Crimes Act 1914 and the Criminal Code Act 1995; and

(d) such other matters relevant to determining action under Part IV of the Act in relation to the convicted person as the Australian Military Court requires.

(2) The convicted person may:

(a) give evidence, and call witnesses to give evidence, as to the convicted person’s character and in mitigation of punishment or orders; and

(b) address the Australian Military Court in mitigation of punishment or orders.

(3) Rule 29 applies to a witness (including the convicted person) who gives evidence under this rule as if a reference in that rule to the accused person were a reference to the convicted person.