Part 5Investigation and summary trial of charges
Trying charges summarily
117PPresenting officer and disciplinary officer may call or recall witnesses
If evidence is put forward on behalf of the accused, the presenting officer may, at the conclusion of the evidence on behalf of the accused, with the leave of the disciplinary officer, call or recall any witness to give evidence on any matter raised by, or on behalf of, the accused in his or her defence—
- that the presenting officer could not properly have put before the disciplinary officer before the accused’s defence was disclosed; or
- that the presenting officer could not reasonably have foreseen.
The disciplinary officer may, at any time before he or she determines whether he or she finds the accused guilty or not guilty on the charge, call or recall any witness if he or she considers that it is in the interests of justice to do so.
If the disciplinary officer calls or recalls a witness under subsection (2), the disciplinary officer may allow the presenting officer, the accused, or both to put questions to the witness that the disciplinary officer may allow as proper.
Notes
- Section 117P: inserted, on , by section 37 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).


