47Record of proceedings before court martial or Defence Force magistrate

47 Record of proceedings before court martial or Defence Force magistrate

(1) The proceedings before a court martial or Defence Force magistrate shall, if practicable, be recorded verbatim. (2) Where the proceedings before a court martial or Defence Force magistrate are not recorded verbatim, they shall be recorded in sufficient detail to enable the course of the proceedings to be followed, and the merits of the case to be judged, from the record, and in particular: (a) subject to paragraph (b), the evidence shall be taken down in narrative form as nearly as possible in the words used; and (b) if: (i) the prosecution or the defence so requests and the judge advocate or Defence Force magistrate so directs; or (ii) in any other case, the judge advocate or Defence Force magistrate so directs; a particular question and the answer to it shall be taken down verbatim; and (c) a record shall be made of the proceedings relating to each objection, submission or application; and (d) subject to paragraph (e), any address by the prosecution or the defence, or the summing up by the judge advocate, if not in writing, shall be recorded to such extent as the judge advocate or the Defence Force magistrate thinks fit; and (e) if the prosecution or the defence so requires, a record shall be made of any particular point in the address by the prosecution or the defence, or in the summing up by the judge advocate. (3) Where the proceedings are recorded verbatim, the recorder shall prepare or cause to be prepared a transcript, in writing, which shall be authenticated by the person who made the transcript. (4) If a conviction is recorded, the written record of the proceedings must be certified as true and correct, in writing, by the recorder and the judge advocate or Defence Force magistrate as soon as practicable after the conclusion of the trial.