Court Martial and Defence Force Magistrate Rules 2020

The instrument is built around a set of procedural building blocks and cross-references to the Act and specified external laws. Core concepts, as used in the Rules, include arraign, charge sheet, charge, judge advocate, President, member and reserve member of a court martial, Registrar, prosecuting officer, Director of Military Prosecutions and recorder.

Arraign is expressly defined as the formal reading of a charge, calling for a plea and recording the plea (rule 4). A charge sheet is the formal document that contains charges for trial and must be signed and dated by the Director of Military Prosecutions (DMP) (rule 9(1)); a charge must allege one offence only, and must contain two parts, a statement of the offence and particulars of the act or omission constituting it (rule 10). The statement must include a reference to the creating provision when the offence is statutory and sufficient particulars to enable the accused to know the case to be met (rule 10(3) and (5)). The Rules provide a Schedule of offences and a model charge sheet (Schedule 1 and Schedule 2) that demonstrate how statements of offence may be set out (rule 10(4)).

Disclosure is a central procedural concept. The DMP or prosecuting officer must ensure that the accused and, where a court martial is requested, the Registrar are provided with the documents and information listed in rule 15(4) when the DMP asks the Registrar to refer a matter for trial. The prosecution’s disclosure obligation is ongoing throughout proceedings (rule 15(2)). Notices required under the Evidence Act 2011 (ACT) for previous representations and tendency or coincidence evidence must be given when the accused is served with the signed charge sheet unless the judge advocate or Defence Force magistrate permits otherwise (rule 35). A party relying on such evidence must comply with the Evidence Regulation 2012 (ACT) (rule 36).

Witness management and evidence handling are covered in a number of rules. The relevant authority (the Chief of the Defence Force or an appropriate delegate) must take necessary steps to secure the attendance of witnesses reasonably required by the accused (rule 14). Non-defence witnesses summoned must be paid or have travel arranged by the summoner at a reasonable time before appearance (rule 7(3)); general witness fees and allowances are to follow the Public Works Committee Regulation (rule 20(1)). The judge advocate or Defence Force magistrate controls exclusion from the hearing room (rule 16), directions for examination, cross-examination and re-examination (rule 17), calling and recalling witnesses (rule 18) and immediate answers to questions subject to objections and claims of privilege (rule 19).

Trial administration and safeguards include requirements for the swearing of members before trial begins (rules 30 and 31), oral voting in order of seniority (rule 29), pre-trial hearings to decide a wide array of issues including joinder, admissibility and psychiatric questions (rules 33 and 34), and detailed rules for records and exhibits including electronic recording and transcript authentication (rule 37 and rule 52). The judge advocate and Defence Force magistrate have functions to ensure proceedings are conducted “in a manner befitting a court of justice” and to prevent unrepresented accused being unduly disadvantaged (rules 28(d) and 32(b)). Finally, the Rules permit a judge advocate or Defence Force magistrate to dispense with compliance with any of the Rules, before or after the occasion for compliance (rule 56), a discretionary power that operates as a procedural safety valve.

These Rules affect a defined set of actors within military justice and a number of external participants. Primary categories include accused persons who are defence members subject to the Act, the Director of Military Prosecutions, prosecuting officers, defending officers and defence counsel, registrar and registry staff, judge advocates, Presidents and members of courts martial (including reserve members), Defence Force magistrates, recorders and interpreters, custodians of exhibits, and service authorities including the Chief of the Defence Force and delegates.

Accused persons are affected in multiple ways. A charge against an accused must be entered in a charge sheet signed and dated by the DMP (rule 9(1)), and an accused must be arraigned and plead to each charge separately when multiple charges exist (rule 41(1)). If the accused refuses to plead, a plea of not guilty is to be recorded and the trial proceeds (rule 41(2)). Accused persons have procedural rights to disclosure (rule 15), to call and cross-examine witnesses (rules 17 and 18), to make opening and closing addresses (rules 42, 43, 46 and 47), to apply for pre-trial directions (rule 33) and to object to members of the court martial before they are sworn (rule 30). Accused persons may also object to interpreters and recorders on grounds of partiality or incompetence (rule 37(3)-(4)).

The Director of Military Prosecutions is a central actor for charging and disclosure. The DMP must sign and date charge sheets (rule 9(1)) and ensure that the documents listed at rule 15(4) are provided to the accused and, when a court martial is sought, to the Registrar (rule 15(1)). The DMP also has ongoing disclosure obligations (rule 15(2)) and the DMP’s charging choices determine whether matters are convened to a court martial or referred to a Defence Force magistrate; where multiple charge sheets exist the DMP may request the Registrar to convene a single court martial or single magistrate trial (rule 9(5)).

The Registrar has administrative duties to liaise with service authorities and civilian agencies (rule 21), consult with services on conduct and logistics of proceedings (rules 22 and 23), refer charges to a Defence Force magistrate (rule 24) and provide convening orders, charge sheets and records to participants (rule 25). The Registrar also handles inspection arrangements for exhibits (rule 26).

Judicial actors include judge advocates, Presidents and members of court martial and Defence Force magistrates. The judge advocate must be present at court martial sittings subject to statutory limits (rule 28(a)), ensure proceedings conform with law and the Rules and are conducted in a manner befitting a court of justice (rule 28(b)), manage hearings under specific subsections of the Act (rule 28(c)), and ensure proper records and safeguarding of exhibits (rule 28(e)). The President speaks for the court in announcing findings and sentences and leads conferral with the judge advocate on law and procedure (rule 27).

Other affected persons include witnesses who are not defence members and must be reimbursed for travel or have travel arranged if summoned (rule 7(3)), and persons summoned under instruments for purposes of section 194A of the Act which require production of a prisoner by the person in charge of a prison (rule 8). Interpreters, recorders and custodians of exhibits are also addressed; the Registrar may engage recorders and interpreters (rule 37(2)), custodians must safeguard exhibits during inspection (rule 26(2)) and exhibits admitted at trial are to be made exhibits unless the court directs otherwise (rule 55).

The Rules allocate a set of explicit duties and corresponding rights across prosecuting authorities, judicial officers, registrars, service authorities and accused persons.

Director of Military Prosecutions and prosecuting officer duties

• The DMP must sign and date charge sheets and may request consolidation of multiple charge sheets for trial (rule 9(1) and rule 9(5)).
• The DMP or prosecuting officer must ensure provision of specified disclosure to the accused and the Registrar when a referral for trial is requested (rule 15(1) and rule 15(4)).
• Disclosure is an ongoing obligation (rule 15(2)).
• If the prosecution decides not to call a witness whose statement was provided, the prosecuting officer must, where practicable, inform the accused and permit the accused to call that witness or tender the witness for cross-examination (rule 15(5)).

Registrar duties

• Liaise and consult with judge advocates, prosecuting and defending officers, service authorities and civilian agencies as needed for administration of proceedings (rule 21).
• Consult with services on logistics such as dates, locations, chain of command, IT support and appointment of staff for trial administration (rules 22 and 23).
• Provide convening orders, charge sheets, records and witness statements to the President, members, judge advocate, accused and prosecuting officer as appropriate (rule 25).
• When referring to a Defence Force magistrate, specify the magistrate and fix time and place or provide for fixing (rule 24).

Service authorities’ duties

• The relevant authority (Chief of the Defence Force or a delegate of at least Colonel rank) must take the necessary steps to secure the appearance of persons reasonably required by the accused to give evidence and to produce documents (rule 14).
• For non-defence persons summoned, the summoner must pay or arrange travel expenses or arrange travel and advise the person of arrangements at a reasonable time before appearance (rule 7(3)).
• Witness fees and allowances are to be paid in accordance with the Public Works Committee Regulation, as the appropriate authority thinks fit (rule 20(1)).

Judge advocate and Defence Force magistrate duties and powers

• The judge advocate must be present at court martial sittings subject to subsection 133(6) of the Act, ensure proceedings conform with the Act and the Rules and are conducted in a manner befitting a court of justice, and ensure a proper record and safeguarding of exhibits (rule 28(a), (b) and (e)).
• The judge advocate must ensure unrepresented accused persons are not unduly disadvantaged (rule 28(d)).
• The Defence Force magistrate has parallel duties at proceedings before the magistrate to ensure proceedings conform with the Act and the Rules, protect unrepresented accused and safeguard records and exhibits (rule 32).
• Both have powers to control witnesses, put questions to witnesses, allow postponements, allow recalls, rule on objections, and sum up (rules 16, 17, 18, 44 and 48).
• Both may dispense with compliance with any requirement of the Rules (rule 56).

Accused persons’ rights

• To be provided with disclosure listed in rule 15(4).
• To have witnesses secured by service authorities if reasonably required (rule 14).
• To plead and be arraigned with each charge read and a plea recorded (rules 4 and 41).
• To cross-examine prosecution witnesses and have witnesses recalled by leave of the court (rules 17 and 18).
• To object to members of a court martial before they are sworn (rule 30).
• To object to interpreters or recorders on grounds of partiality or incompetence (rule 37(3)-(5)).
• To make opening and closing addresses and to apply for pre-trial directions (rules 42 to 47 and 33).

Others’ procedural rights and obligations

• Recorders and interpreters must take an oath or affirmation before acting (rule 37(6)-(7)).
• Custodians of exhibits must permit inspection and copying on application by an accused who has been sent a list of exhibits, and must take appropriate precautions for exhibit safety during inspection (rule 26).
• If original records are lost, a prescriptive process exists to reconstitute a valid record by certification of a prescribed person (rule 54).

These duties and rights are expressed with procedural detail and with several discretionary clauses allowing judge advocates and Defence Force magistrates to manage timing and form where the interests of justice require it, for example in postponing cross-examination or recalling witnesses (rule 17(2) and rule 18(3)).

The Rules themselves do not create substantive criminal penalties; they are procedural instruments implementing trials and proceedings under the Defence Force Discipline Act 1982. Enforcement of the Rules is primarily by judicial and administrative direction rather than by penal sanction included in the Rules. The Act contains the substantive offences and penalties; the Rules provide processes for charging, managing evidence and conducting trials that lead to sentencing under the Act and any applicable regulations.

Mechanisms for enforcement of compliance with the procedural obligations in the Rules are judicial and administrative. The judge advocate and Defence Force magistrate have powers to ensure proceedings are conducted according to the Act and these Rules and in a manner befitting a court of justice (rule 28(b) and rule 32(a)). They may rule on admissibility, direct questions to witnesses, grant adjournments, allow or disallow objections to members, interpreters or recorders, and take other steps necessary to ensure procedural fairness (rules 16, 17, 30, 31, 37, 39 and others). The judge advocate and Defence Force magistrate may also dispense with compliance with any Rule (rule 56), which operates as a discretionary enforcement tool.

The Rules establish administrative and logistical enforcement levers. The Registrar must provide documents and convene and refer matters (rules 24 and 25), and service authorities are required to secure defence witnesses and make travel arrangements where appropriate (rule 14 and rule 7(3)); non-performance will delay or frustrate proceedings rather than generate an internal Rule-based penalty. Payment of fees and allowances to non-defence witnesses is to be made under the Public Works Committee Regulation at the discretion of the appropriate authority (rule 20(1)), which sets the financial enforcement mechanism for witness attendance.

Some Rule provisions concern offences listed in Schedule 1, which reproduces the statements of offence for many offences under the Act and certain regulations and the Criminal Code Act 1995 (Schedule 1, Parts 1 to 3). Those items are references to substantive offences and their statutory bases; penalties for those offences are found in the Act, the Defence Force Discipline Regulations or the Criminal Code Act as applicable, not within the Rules themselves. For example, Schedule 1 lists failure to appear as an offence under paragraph 53(1)(b) (item 93), and giving false evidence before a service tribunal under section 52 is in the Schedule (item 92); any penalties are those in the Act.

Practical enforcement risk arises from discretionary powers in the Rules that influence outcomes. For instance the power to amend charge sheets for clerical errors (rule 12), to allow prosecuting officers to withdraw charges before arraignment (rule 13), to substitute a plea of not guilty where guilty was not understood (rule 44), and to dispense with compliance (rule 56) can materially affect outcomes and timing. Those powers are judicially exercisable; they are the primary means by which procedural breaches are remedied or managed under these Rules.

The Rules are designed to operate as procedural adjuncts to the Defence Force Discipline Act 1982 and to interact with several other statutes and regulations referenced within the text.

Primary legislative parent

• The Rules are made under section 149A of the Defence Force Discipline Act 1982 (rule 3) and repeatedly presuppose and cross-reference provisions of that Act. Multiple specific Act provisions are mentioned, for example sections 87, 133, 134, 138, 141, 148A and 194A (rules 4, 28(a), 28(c), 7(1), 8 and rule 34(l) respectively). The Rules fill procedural gaps left by the Act and prescribe administrative steps for referrals, convening and conduct of trials.

Evidence law

• The Evidence Act 2011 (ACT) applies to proceedings under the Act as noted expressly in rule 35. That rule requires notice of reliance on a previous representation under section 65 of the Evidence Act 2011 (ACT) or of tendency or coincidence evidence under Part 3.6 of the same Act at the time the accused is served with the signed charge sheet or otherwise as the judge advocate or Defence Force magistrate may allow. Rule 36 further mandates compliance with sections 5 to 10 of the Evidence Regulation 2012 (ACT) for such notices. These Rules therefore import the procedural and admissibility regimes in the ACT evidence law into service tribunal proceedings.

Criminal law

• Schedule 1 Part 3 reproduces offences from the Criminal Code Act 1995 for the purpose of setting out the statement of offences for service trials (for example, attempts, aiding and abetting, procuring, incitement and conspiracy , Schedule 1 Part 3). The model charge sheet in Schedule 2 also references the Crimes Act 1900 (ACT) for an example offence. The Rules do not supplant substantive Commonwealth criminal law but provide the forum and rules of practice for trying service-related conduct that may be also captured by civilian criminal law.

Regulatory instruments

• Witness fees and allowances for non-defence persons are to be paid in accordance with the scale in the Public Works Committee Regulation under the Public Works Committee Act 1969 (rule 20(1)). The note in rule 37(1) recognises operational realities under which electronic recording may not be possible and handwritten records may be made, implicitly recognising service operational constraints and the interaction of ordinary record-keeping regulations.

Procedural overlap and fallback rules

• If the Act, these Rules or the regulations fail to cover a case or do so insufficiently, the Rules direct that the established course in trials by jury in a civil court in the Jervis Bay Territory criminal jurisdiction shall be adopted or, if no such course exists, such course as the interests of justice require (rule 5). This points to a hierarchy where ACT common law procedure may be imported as a fallback.

Inter-agency cooperation

• The Registrar may liaise with civil agencies and authorities (rule 21(g)), creating an intersection between service tribunal administration and civilian authorities where necessary. The Rules also directly address production of prisoners in custody under instruments for the purposes of section 194A of the Act, requiring those instruments to be directed to the person in charge of the prison and to specify the time, place and purpose for production (rule 8).

Taken together, these interactions mean practitioners must manage a multi-instrument environment: the Act provides substantive authority and penalties; these Rules provide the procedural steps for service trials; the Evidence Act 2011 (ACT) and its Evidence Regulation govern admissibility for some categories of evidence; and specified regulations provide for administrative details like witness payment scales. The Rules make explicit several of those linkages in rules 3, 5, 8, 15, 20, 35 and 36 among others.

The instrument text supplied records its making and commencement details as originally made. The Judge Advocate General made these Rules under section 149A of the Defence Force Discipline Act 1982, dated 6 March 2020, and the commencement table in rule 2 shows that the whole instrument commenced on 1 April 2020. The commencement table contains a note that the table relates only to the provisions of the instrument as originally made and will not be amended to deal with later amendments of the instrument (rule 2, note). The text does not include any later amending provisions or annotations of subsequent changes.

Mechanically the commencement provision is self-contained: rule 2(1) states that each provision specified in column 1 of the commencement table commences or is taken to have commenced in accordance with column 2. Column 2 records the date 1 April 2020 for the whole instrument. Rule 3 records the statutory authority, section 149A of the Act, under which the Rules were made.

No later amendment entries, transitional provisions or repeal statements appear in the supplied instrument text. The Schedule and the model charge sheet are part of the instrument as originally made; Schedule 1 lists the statement of offences and Schedule 2 provides the form of a charge sheet. The instrument also contains an explicit note regarding the commencement table not being updated for later amendments (rule 2, note), which signals the drafter’s expectation that future versions might include editorial or annotation changes in published versions rather than statutory amendment text.

Readers and practitioners should therefore treat the instrument as the original 2020 instrument with the dates and authority stated. If subsequent legislative or statutory rules have modified these Rules, those changes are not contained in the supplied text. For any task requiring up-to-date legislative history or consolidated text, confirm the current instrument and any amendments or repeals with the official legislative register or consolidations.

The supplied text contains no decisions, case names or references to litigation that applies these Rules. Schedule 1 lists offences and statutory provisions under the Defence Force Discipline Act 1982, Defence Force Discipline Regulations 2018 and the Criminal Code Act 1995, but the instrument itself does not include or summarise any litigation applying or interpreting the Rules. Consequently, there is no litigation history recorded in the instrument text for courts martial or Defence Force magistrate procedure under these Rules.

Although the instrument contains no case law, the Rules create multiple procedural touchpoints that are typical sources of litigation or appellate dispute in practice. The following are concrete categories of dispute that the Rules themselves make foreseeable, grounded in the text and the powers they allocate:

• Disclosure disputes: The prosecuting officer’s obligation of continuous disclosure is established by rule 15(2) and specific documents are listed in rule 15(4). Disputes are likely to arise about adequacy and timing of disclosure and about whether particular items fall within rule 15(4)(f) or 15(4)(g) (items in the prosecution’s possession relevant to reliability or adverse to the accused). These are factual and legal questions the judge advocate will have to resolve.

• Admissibility challenges under evidence law: The Rules incorporate the Evidence Act 2011 (ACT) for previous representations and tendency or coincidence evidence and require adherence to the Evidence Regulation 2012 (ACT) (rules 35 and 36). Litigation will be the vehicle for contested rulings under those provisions where the judge advocate or Defence Force magistrate must decide admissibility and compliance with notice requirements.

• Composition and impartiality of court martial: Rules permitting objections to members (rule 30) and allowing the judge advocate to administer oaths and manage member votes (rules 31 and 29) create potential disputes around whether an accused’s objections were properly entertained and resolved before swearing. The judge advocate’s duty to ensure an accused not represented is not disadvantaged (rule 28(d)) could also be an arguable ground in litigation where representation or procedural fairness is in issue.

• Exercise of discretion: The power to dispense with compliance with any requirement of the Rules (rule 56), to amend charge sheets for clerical error (rule 12), to substitute a plea of not guilty where a plea of guilty was not understood (rule 44) and to permit electronic recording or a handwritten record in exigent circumstances (rule 37(1) note) are discretionary powers that could be the subject of judicial review if used in a way an affected party alleges was unlawful. Challenges would focus on the exercise of the discretion rather than on the existence of the power.

• Witness and evidence handling: The Rules contain multiple provisions that regulate witness exclusion, examination, recall and obligations to answer subject to objections and privilege (rules 16 to 19). Litigation may arise where a party alleges that a judge advocate or Defence Force magistrate improperly allowed or disallowed evidence or misapplied privilege rules.

Because the Rules anchor themselves to the Act and to the ACT evidence law, any litigation about the Rules will typically involve questions of statutory interpretation, procedural fairness, or the correct application of the Evidence Act. The instrument itself does not supply litigation outcomes or precedent, so parties should expect factual disputes to be resolved case by case with these Rules serving as the procedural framework.

The Rules contain a number of practical points that can catch practitioners, administrators and service personnel if they are not actively managed. These are not judgments but concrete operational features of the Rules that create obligations, discretion and risk.

Signed charge sheets and timing of notices

• A charge sheet must be signed and dated by the Director of Military Prosecutions (rule 9(1)). Notices required under the Evidence Act for previous representation or tendency/coincidence evidence must generally be given at the time the accused is served with the signed charge sheet (rule 35). Failure to serve a signed charge sheet or to provide the required notices at that time may affect admissibility and pre‑trial timing.

Service and electronic service

• Service of a summons may be effected by electronic means if the person consents, and service by electronic means is taken to have been effected at the time of transmission (rule 7(1)(e) and rule 7(2)). Reliance on electronic service requires careful proof of consent and transmission because the Rules treat timing of electronic transmission as the time of service.

Witness logistics and payment obligations

• If a person other than a defence member is required to appear under a summons, the summoner must, at a reasonable time before the appearance, pay or arrange payment of the person’s travel expenses or arrange the person’s travel and advise them of arrangements (rule 7(3)). Separately, fees and allowances are determined by the appropriate authority in accordance with the Public Works Committee Regulation (rule 20(1)). The split of duties means different actors are responsible for travel and for fees, and proof of compliance may be required.

Disclosure scope and continuous obligation

• The prosecution’s disclosure obligation is ongoing (rule 15(2)) and includes any information, document or thing in the prosecutor’s possession that relates to the reliability or credibility of a prosecution witness or is adverse to the accused (rule 15(4)(f) and 15(4)(g)). The breadth of these categories requires active disclosure management. Practitioners should heed that failing to disclose materially relevant adverse material can result in remedial directions by the judge advocate.

Judge advocate and Defence Force magistrate discretion

• The judge advocate and Defence Force magistrate have substantial managerial powers, including to amend clerical errors in charge sheets (rule 12), to allow withdrawal of charges before arraignment (rule 13), to direct substitution of a plea where a guilty plea is not understood (rule 44) and to dispense with compliance with any of the Rules (rule 56). Parties cannot assume rigid procedural entitlements in every circumstance; outcomes may turn on the judge’s exercise of discretion.

Record-keeping and loss of original record

• Electronic recording and transcript preparation are expected where practicable but there is explicit allowance for handwritten records in exigent service contexts (rule 37(1) note). If an original record is lost, a valid and sufficient record may be made by the signature of a prescribed person affixed to a copy (rule 54). Practitioners must ensure transcripts are authenticated and, if a conviction is recorded, certified as true and correct by the recorder and judge advocate or Defence Force magistrate as soon as practicable (rule 52(3)).

Inspection and safeguarding of exhibits

• An accused who has been sent a list of exhibits may apply to inspect and copy any exhibit; the custodian must ensure appropriate precautions for exhibit safety during inspection (rule 26). Practically, custody chains, availability for inspection and timely access can be friction points.

Joinder, multiple charge sheets and sequential arraignment

• The Rules permit multiple charges on a single charge sheet in specified circumstances (rule 9(2)) and allow the DMP to request convening of a single court martial for multiple charge sheets (rule 9(5)). Where an accused faces charges on more than one charge sheet, the tribunal shall arraign and try the person on the charge or charges in a charge sheet before arraigning and trying the person on a charge in another charge sheet (rule 41(3)). Practitioners must manage complex charge timing and sequencing.

Interaction with ACT evidence law and regulations

• Notices and compliance under the Evidence Act 2011 (ACT) and Evidence Regulation 2012 (ACT) are integrated into the Rules (rules 35 and 36). This requires parties to be conversant with ACT evidence rules in addition to the Rules themselves.

Administrative liaison and chain-of-command involvement

• The Registrar may consult and liaise with service authorities, chain of command and civilian agencies for many logistical matters (rules 21 to 23). Practically, this means trial logistics may involve operational commands and administrative staff whose priorities differ from those of lawyers or judicial officers; early coordination is necessary.

These concrete provisions of the Rules are potential operational pitfalls. Effective compliance requires active case management, clear disclosure protocols, careful proof of service and consent for electronic processes, management of witness logistics, and early coordination with the Registrar and service authorities.

The Rules set out several mandatory steps and best-practice actions for parties and administrative actors. The following checklist-style guidance is grounded in specific Rules and aimed at minimising procedural risk.

For the Director of Military Prosecutions and prosecuting officers

• Prepare and sign the charge sheet in the form required by Schedule 2; ensure it is dated and signed by the DMP as required by rule 9(1) and rule 9(4).
• At the time the DMP requests the Registrar to refer a matter for trial, provide to the accused and, if a court martial is requested, to the Registrar all documents and information listed in rule 15(4), including the charge sheet, record of evidence from summary proceedings, lists of prosecution witnesses and exhibits, witness statements, and any material relevant to witness credibility or adverse to the accused (rule 15(1) and (4)). Maintain systems to continue disclosure throughout proceedings (rule 15(2)).
• Where the prosecution will rely on previous representations or tendency/coincidence evidence, serve the notices required under the Evidence Act 2011 (ACT) when the accused is served with the signed charge sheet or apply for leave for a different timing from the judge advocate (rule 35), and comply with the Evidence Regulation 2012 (ACT) requirements (rule 36).
• If deciding not to call a witness whose written statement has been furnished to the accused, inform the accused beforehand where practicable and explain they may call the witness or that the witness will be tendered for cross-examination (rule 15(5)).
• Provide exhibits lists to enable the accused to apply for inspection and ensure custodians are identified and prepared to permit inspection with appropriate safety measures (rule 26).

For Registrars and administrative staff

• When convening a court martial or referring a charge to a Defence Force magistrate, send the prescribed documents: convening order to President and members; convening order, charge sheet, record of evidence and witness statements to the judge advocate; copies of convening order and charge sheet to the accused and prosecuting officer as required (rule 25).
• Consult early with services on logistics in accordance with rule 22, including service details of the accused, posting and chain of command, date/time/location of proceedings, administrative appointments and IT support. Ensure those logistical matters are resolved well ahead of hearing dates.
• Where exhibits are to be inspected, liaise with custodians to arrange a safe inspection and copying process and ensure custody records and chain-of-custody precautions are taken (rule 26(1)-(2)).
• If proceedings are recorded electronically, ensure transcripts are prepared and authenticated by the person who made the transcript, and make arrangements for certification of records promptly after conviction (rule 52(2)-(3)). If electronic recording is impracticable, ensure detailed handwritten records are prepared in narrative form as required by rule 52(1).

For Defence counsel and accused persons

• Confirm timely receipt of the signed charge sheet and all disclosure required by rule 15(4). If material listed in rule 15(4) has not been received, seek a pre-trial direction under rule 33 and rule 34(c).
• If certain witnesses are reasonably required to give evidence in the accused’s defence, submit a request to the relevant authority early so the Chief of the Defence Force or appropriate delegate can secure their appearance (rule 14). Where the witness is a non-defence person to be summoned, ensure the summoner makes travel and payment arrangements in accordance with rule 7(3) and rule 20.
• Carefully review witness statements and exhibits and apply for inspection and copying of exhibits promptly under rule 26(1). Ensure custodians are aware of times and security requirements.
• Raise objections to members of a court martial before they are sworn as required by rule 30. Lodge objections to interpreters or non-electronic recorders early if grounds of partiality or incompetence exist (rule 37(3)-(5)).
• Prepare required notices under the Evidence Act 2011 (ACT) for previous representations and tendency/coincidence evidence and file them with the judge advocate prior to trial as directed by rule 35.

For service authorities responsible for witnesses and logistics

• When requested to secure defence witnesses, allocate a responsible officer or delegate with at least the rank required and take timely steps to effect attendance and production of documents (rule 14).
• Make travel arrangements or pay travel expenses for non-defence persons summoned as witnesses at a reasonable time before appearance and ensure the summoner complies with rule 7(3). Record the arrangements and provide proof to the summonsed person.
• Support Registrar requests on service dress, customs, administrative appointments and IT support so that trials are administratively sound (rule 22).

For judicial officers

• Ensure disclosure compliance and address any late or deficient disclosure through directions at pre-trial hearings (rules 33 and 34).
• Where a guilty plea is entered, ensure the accused understands the consequences and if not, substitute to a plea of not guilty per rule 44.
• Use the power under rule 56 to manage exceptional compliance issues, but record the reasons for dispensing with any Rule requirement to preserve an audit trail and to allow review where necessary.
• Direct that records are authenticated and certified as soon as practicable after conviction (rule 52(3)).

Case management and pre-trial hearings

• Use pre-trial hearings under rule 33 to resolve admissions, evidence notices, psychiatric issues, expert exchanges, joinder of charges and accused, and arrangements for remote evidence under section 148A of the Act or other mechanisms (rule 34). Early use of pre-trial directions minimises adjournments and logistical complications.

Document management and record preservation

• Implement systems to certify transcripts and to preserve originals of records and exhibits. Where risk of loss exists, ensure copies and authenticated signatories are arranged so rule 54 can be invoked if necessary.

Adherence to these procedural steps, together with early and continuous liaison among prosecuting authorities, defence representatives, the Registrar and service authorities, aligns practice with the Rules and reduces friction points that otherwise generate applications, adjournments or disputes.