Part 5Investigation and summary trial of charges
Preliminary procedures and investigation of charges: Investigation following plea of not guilty
117JDisciplinary officer must determine whether prima facie case is made out after hearing of evidence in support of charge
When the case is ready to proceed, the disciplinary officer—
- must ask the accused whether he or she requires oral evidence to be given on oath; and
- may ask the presenting officer to outline the case in support of the charge; and
- must ask the presenting officer—
- to call each witness in support of the charge who is to give evidence orally to give evidence in the presence of the accused; and
- to produce, and to read aloud to the accused, any written statement that the disciplinary officer has decided to admit in evidence in support of the charge.
- to call each witness in support of the charge who is to give evidence orally to give evidence in the presence of the accused; and
The disciplinary officer—
- must give the accused an opportunity to cross-examine each witness who gives evidence orally in support of the charge; and
- may allow the presenting officer an opportunity to re-examine each witness who has been cross-examined; and
- may put questions to each witness who gives evidence orally in support of the charge that the disciplinary officer considers are necessary to ensure that he or she fully understands the witness’s evidence.
After the disciplinary officer has heard the evidence in support of the charge, he or she must determine whether a prima facie case has been made out.
If the disciplinary officer is not satisfied that a prima facie case has been made out, he or she must dismiss the charge, record the finding, and inform the accused.
Notes
- Section 117J: inserted, on , by section 37 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).


