16Examination of witness

16 Examination of witness

(1) A witness appearing before a court martial or Defence Force magistrate: (a) may be: (i) examined by the person who called the witness; and (ii) cross‑examined by the opposite party to the proceedings or by a co‑accused; and (b) on conclusion of any cross‑examination, may be re‑examined, on matters arising out of the cross‑examination, by the person who called the witness. (2) The court martial or Defence Force magistrate may allow the cross‑examination or re‑examination of a witness to be postponed if, in the opinion of the judge advocate or Defence Force magistrate, it is in the interests of justice to do so. (3) A judge advocate or Defence Force magistrate may put questions to a witness. (3A) During a trial by court martial, members of the court martial are entitled to question a witness, if: (a) in the opinion of the judge advocate, the question is relevant and admissible; and (b) the question is put to the witness by the judge advocate. (4) Upon a question put under subrule (3) or (3A) being answered, the accused person and the prosecuting officer may put to the witness such questions, arising from the answer that the witness has given, as seem proper to the judge advocate or Defence Force magistrate.