111BAccused person may elect to be tried by a court martial or Defence Force magistrate—election before commencement of trial

111B  Accused person may elect to be tried by a court martial or Defence Force magistrate—election before commencement of trial  (1) At the commencement of dealing with a charge against an accused person, the summary authority must give the person an opportunity to elect, in accordance with section 111C, to have the charge tried by a court martial or Defence Force magistrate. Note 1: If the summary authority is dealing with an accused person in respect of 2 or more charges (the linked charges) that arise from the same facts or circumstances, and the accused person makes an election to have one or more of the linked charges tried by a court martial or Defence Force magistrate, the summary authority must refer that charge or those charges and, unless the Director of Military Prosecutions agrees otherwise, any other linked charge to the Director of Military Prosecutions: see subsection 111C(3). Note 2: If the summary authority is dealing with 2 or more accused persons together, the summary authority must give each accused person an opportunity to make an election in accordance with section 111C.  (2) Subsection (1) does not apply in relation to:  (a) a charge of a prescribed offence; or  (b) a charge of any other service offence that:  (i) arises from the same facts and circumstances as a prescribed offence; and  (ii) is being dealt with together with that offence; or  (c) a charge of a Schedule 1A offence (other than a Schedule 1A offence covered by paragraph (b)), unless the accused person is:  (i) an officer of or below the rank of rear admiral but above the rank of lieutenant commander; or  (ii) an officer of or below the rank of major‑general but above the rank of major; or  (iii) an officer of or below the rank of air vice‑marshal but above the rank of squadron leader.  (3) The accused person must be given an opportunity to obtain legal advice in relation to the election if a legal officer is reasonably available to give such advice. 111C  Decision by accused person whether to elect to be tried by a court martial or Defence Force magistrate—decision before commencement of trial When election decision must be made  (1) If, under section 111B, a summary authority gives an accused person an opportunity to elect to have a charge tried by a court martial or Defence Force magistrate, the accused person must decide whether or not to make the election:  (a) within 24 hours after the opportunity to make the election is given; or  (b) if the exigencies of service do not permit the person to make the decision within that time—within such longer period (not exceeding 14 days) as the summary authority allows.  (2) The summary authority must ensure that a decision under subsection (1) is recorded in writing. Decision to elect to have charge tried by a court martial or Defence Force magistrate  (3) If the accused person elects to have the charge tried by a court martial or Defence Force magistrate, the summary authority must:  (a) refer the charge (the first charge) to the Director of Military Prosecutions; and  (b) unless the Director of Military Prosecutions agrees otherwise, refer any other charge (including a charge in respect of a Schedule 1A offence) against the accused person that is linked to the first charge, and that is being dealt with together with the first charge, to the Director of Military Prosecutions; and  (c) inform the Registrar that the charge or charges have been referred to the Director of Military Prosecutions.  (4) For the purposes of paragraph (3)(b), a charge (the first charge) against a person is linked to another charge against the person if the first charge and the other charge arise from the same facts or circumstances. Decision not to elect to have charge tried by a court martial or Defence Force magistrate  (5) If:  (a) the accused person:  (i) does not elect to have the charge tried by a court martial or Defence Force magistrate; or  (ii) does not make a decision within the time allowed under subsection (1); and  (b) the charge is not referred to the Director of Military Prosecutions under paragraph (3)(b); the summary authority must deal with the charge. Withdrawal of election  (6) An accused person who has elected to have a charge tried by a court martial or Defence Force magistrate may withdraw the election at any time before a date is fixed for hearing by a court martial or Defence Force magistrate.  (7) If an accused person withdraws an election to have a charge tried by a court martial or Defence Force magistrate:  (a) the Director of Military Prosecutions must inform the Registrar; and  (b) the Director of Military Prosecutions must refer the charge, and any other charge referred to the Director of Military Prosecutions under paragraph (3)(b), to a summary authority; and  (c) the summary authority must deal with the charge or charges.