Part 5Investigation and summary trial of charges
Trying charges summarily
117ODisciplinary officer must advise accused and hear evidence on behalf of accused
If the disciplinary officer is to try the accused summarily, the disciplinary officer must, in accordance with the rules of procedure, briefly advise the accused of the procedure to be followed in the summary trial.
After advising the accused under subsection (1), the disciplinary officer must ask the accused—
- to outline the case on behalf of the accused; and
- to tell the disciplinary officer whether or not the accused wishes to put forward evidence in reply and, if so, what form the evidence will take; and
- to give evidence orally if he or she wishes to give evidence orally; and
- to call each witness on behalf of the accused who is to give evidence orally (following the accused if he or she wishes to give evidence) to give his or her evidence in the presence of the accused.
The disciplinary officer must, after complying with subsection (2), read aloud any written statement that the disciplinary officer has decided to admit in evidence on behalf of the accused.
If evidence is put forward on behalf of the accused, the disciplinary officer—
- may allow the presenting officer to cross-examine each witness who gives evidence orally; and
- if the presenting officer cross-examines a witness, must allow the accused an opportunity to re-examine the witness.
The disciplinary officer may put questions to each witness that the disciplinary officer considers necessary to ensure that he or she fully understands the witness’s evidence.
Notes
- Section 117O: inserted, on , by section 37 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).


