CTHRepealedLegislation
Court Martial and Defence Force Magistrate Rules
//
© 2026 Zoe. All rights reserved.
Zoe is a legal information platform. Always consult the Federal Register of Legislation for authoritative text.
Court Martial and Defence Force Magistrate Rules
Start here
Turn the raw legal text into a practical explanation grounded in Court Martial and Defence Force Magistrate Rules.
(1) If the Director of Military Prosecutions requests the Registrar to refer a matter for trial, the Director of Military Prosecutions must ensure that: (a) the accused person; and (b) if a trial by a court martial is requested—the Registrar; are provided with, or have already been provided with, the information or copies of the documents mentioned in subrule (3). (2) The Registrar must disclose to the judge advocate all information and documents provided to the Registrar under subrule (1). (3) For subrule (1), the information and documents are as follows: (a) the charge sheet, signed and dated by the Director of Military Prosecutions; (b) the record of evidence in relation to the charge taken at any proceedings before a summary authority, together with all documents relating to those proceedings; (c) a list of the names of prosecution witnesses; (d) a list of prosecution exhibits; (e) each witness statement from a witness mentioned in paragraph (c); (f) any information, document or thing in the possession of the prosecuting officer that is relevant to the reliability or credibility of a prosecution witness; (g) any information, document or thing in the possession of the prosecuting officer that is adverse to the credit or credibility of the accused person. (4) If the prosecuting officer decides not to call a witness to give evidence that: (a) is contained in a written statement furnished to the accused person under paragraph (3)(e); or (b) has been notified to the accused person under subrule (1); the prosecuting officer must: (c) if it is practicable to do so before the trial, inform the accused person: (i) that the prosecuting officer does not intend to call the witness to give evidence; and (ii) that the accused person may call the witness as a witness for the defence; or (d) inform the accused person at the trial that the prosecuting officer does not intend to call the witness to give evidence but will tender the witness for cross‑examination by the accused person if the accused person so requests.