Part 5Investigation and summary trial of charges
Preliminary procedures and investigation of charges: Right to elect trial by Court Martial
117LDisciplinary officer must consider whether accused should be given right to elect trial by Court Martial
If the disciplinary officer is a commanding officer, a detachment commander, or a superior commander who considers under section 117K that he or she has sufficient powers of punishment and is empowered to act as a disciplinary officer in relation to the charge, he or she must consider whether the accused should be given the right to elect trial by the Court Martial.
The disciplinary officer must, in making a decision under subsection (1),—
- consider the punishment, or combination of punishments, that he or she would be likely to impose if the accused were found guilty; and
- consider the orders for compensation or restitution (or both) that he or she would be likely to make if the accused were found guilty; and
- have regard to sections 117W and 117ZA.
If the disciplinary officer considers that he or she should not give the accused the right to elect trial by the Court Martial, he or she must try the accused summarily under subpart 3.
Notes
- Section 117L: inserted, on , by section 37 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).


