Part 5Investigation and summary trial of charges
Preliminary procedures and investigation of charges: Assignment of defending and presenting officers
114Assistance to accused
If an accused is brought before a disciplinary officer under this Part, that officer must ensure that a defending officer is assigned—
- to assist the accused in the preparation and presentation of his or her case; and
- to act on behalf of the accused.
Subsection (1) does not apply if the accused states in writing that he or she does not require the assistance referred to in that subsection.
The officer or non-commissioned officer assigned to act as defending officer—
- must hold an appropriate certificate of competency, as prescribed by the Chief of Defence Force; and
- must not be a lawyer.
The officer or non-commissioned officer assigned to act as defending officer for the accused may be changed by the disciplinary officer at any time if—
- the accused so requests; or
- the disciplinary officer considers that it is necessary to do so, having regard to the exigencies of the service.
Notes
- Section 114: substituted, on , by section 37 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).