117ZMAdmission in evidence of written statements instead of oral evidence

1. A written statement of a person’s evidence is, with the consent of the accused and the disciplinary officer or the appellant and the Director of Military Prosecutions (as the case may be), admissible in evidence instead of calling that person to give his or her evidence orally.

2. However, a written statement of a person’s evidence is admissible only to the same extent and for the same purpose as that evidence would have been admissible in the proceedings if given orally by the maker of the statement.

3. Despite subsection (1), a disciplinary officer or the Summary Appeal Court may require the person to attend and give his or her evidence orally.

4. In proceedings before a disciplinary officer, the accused and the presenting officer must each be given—

5. a copy of every written statement that the other party proposes to tender in evidence; and
6. a copy of every exhibit (if any) referred to in that statement or information that is sufficient to enable the recipient to inspect the exhibit or a copy of it.

7. In proceedings before the Summary Appeal Court, the appellant and the Director of Military Prosecutions must each be given—

8. a copy of every written statement that the other party proposes to tender in evidence; and
9. a copy of every exhibit (if any) referred to in that statement or information that is sufficient to enable the recipient to inspect the exhibit or a copy of it.

10. A document or object accompanying a written statement tendered as evidence and referred to in the statement as an exhibit must be treated as if it had been produced as an exhibit and identified in evidence by the maker of the statement.