CTHIn ForceAct
Defence Force Discipline Act 1982
108ADisqualification of summary authority from trying a charge
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108A Disqualification of summary authority from trying a charge
(1) A summary authority must not try a charge of a service offence against a person if the summary authority was involved in:
(a) the investigation of the offence; or
(b) the issuing of a warrant for the arrest of the person; or
(c) charging the person with the offence.
(2) If a summary authority is not permitted to try a charge of a service offence against a person because of subsection (1), the summary authority must refer the charge to another summary authority, being a summary authority who:
(a) has jurisdiction to try the charge; and
(b) is not prevented from trying the charge because of subsection (1).