44Convicted person’s record etc and plea in mitigation

44 Convicted person’s record etc and plea in mitigation

(1) After the conviction of a person by a court martial or Defence Force magistrate, the prosecuting officer shall cause evidence to be adduced as to: (a) if the convicted person is a defence member or was a defence member at the time of the 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) such other matters relevant to determining action under Part IV of the Act in relation to the convicted person as the court martial or Defence Force magistrate 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; and (b) address the court martial or Defence Force magistrate in mitigation of punishment. (3) Rule 16 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.