44Judge may sit alone to rule on question of law or procedure

1. The Judge for the proceedings must—

2. rule on every question of law or procedure that arises during any trial in the Court Martial; and
3. sit in the absence of the military members to determine the question of law or procedure if the Judge considers it would be desirable in the interests of justice to do so.

4. To avoid doubt, the Judge may sit alone under subsection (1)(b) before or after the appointment of the military members.

5. A ruling under subsection (1) must be followed by the military members.

6. In this section, question of law includes any question arising in respect of—

7. a plea to the general jurisdiction of the Court Martial:
8. a plea in bar of trial:
9. an application for the separation of trials:
10. an application for the severance of charge sheets:
11. an application for the severance of charges:
12. a submission that there is no case to answer:
13. the admissibility of evidence:
14. an application for a ruling referred to in section 30(2)(a):
15. an application for an order specified in section 39(2):
16. an order under subpart 3 of Part 5 of the Criminal Procedure Act 2011 (as applied to proceedings under the 1971 Act by section 145 of the 1971 Act):
17. an application for discovery:
18. the fitness of the accused to stand trial.

Notes

• Section 44(4)(j): amended, on 5 March 2012 (applying in relation to a proceeding for an offence that was commenced before that date), by section 393 of the Criminal Procedure Act 2011 (2011 No 81).