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Defence Force Discipline Act 1982
88Arrest, summons etc. where accused person not present at hearing before service tribunal
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88 Arrest, summons etc. where accused person not present at hearing before service tribunal
(1) Where an accused person is not present at a hearing before a service tribunal (otherwise than by reason of an order under subsection 139(2)), an authorized officer or the Registrar may:
(a) if the accused person is a defence member—order the accused person to appear before the service tribunal for any purpose relating to the charge against the person; or
(b) whether or not the accused person is a defence member:
(i) cause to be prepared a summons directed to the accused person requiring the person to appear before the service tribunal at a time and place specified in the summons for a purpose specified in the summons relating to the charge against the person; or
(ii) issue a warrant for the arrest of the accused person.
(1A) The Registrar may carry out an action under subsection (1) only if a judge advocate or a Defence Force magistrate directs the Registrar to carry out the action.
(2) A summons under paragraph (1)(b) shall be served on the person to whom it is directed in a manner specified in the regulations.
(3) A warrant issued under subsection (1) shall:
(a) specify the name of the accused person concerned and the service offence the subject of the charge; and
(b) state that the warrant is issued because the accused person was not present at a hearing before the service tribunal specified in the warrant.
(4) A constable or a member of the Defence Force may, in execution of a warrant issued in accordance with subsection (1), arrest the accused person named in the warrant.
(5) A warrant issued under subsection (1) shall specify a date after which the warrant ceases to have effect.