4Cases not covered by the Act, these Rules or the regulations

4 Cases not covered by the Act, these Rules or the regulations

Where, in the course of or in relation to proceedings before a court martial, a judge advocate of a court martial or Defence Force magistrate, a case arises for which no provision or insufficient provision is made by the Act, these Rules or any regulations made under subsection 146(2) of the Act: (a) the established course that would, in the particular case, have applied in a trial by jury in a civil court in the Jervis Bay Territory in its criminal jurisdiction shall be adopted; or (b) if there is no such established course, such course shall be adopted as the interests of justice require.