The Armed Forces (Summary Hearing and Activation of Suspended Sentences of Service Detention) Rules 2009

  1. Introductory Text

  2. PART 1

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Delegation and subordinate commanders

  3. PART 2

    1. 4.Application of Part 2

    2. 5.Applications to hear charges summarily

    3. 6.Applications for extended powers in relation to punishment

    4. 7.Applications for extended powers in relation to activation orders

    5. 8.Preliminary procedures

    6. 9.Changing the time fixed for a hearing

    7. 10.Representation

    8. 11.Co-accused and multiple charges

    9. 12.Election and starting a summary hearing

    10. 13.Order of evidence

    11. 14.Oaths and affirmations

    12. 15.Evidence adduced by the commanding officer

    13. 16.Evidence given by the accused

    14. 17.Evidence adduced by the accused

    15. 18.Further questioning of witnesses

    16. 19.Equivocal admissions

    17. 20.Procedure at the conclusion of the evidence

    18. 21.Determination of facts on admission of all charges

    19. 22.Sentencing

    20. 23.Activation of suspended sentences of service detention

    21. 24.Adjournments

    22. 25.Rectification of errors

    23. 26.Effect of provisions where charges are amended, substituted or added

    24. 27.Written record

    25. 28.Notification to court administration officer

  4. PART 3

    1. 29.Application of Part 3

    2. 30.Applications for extended powers where Part 3 applies

    3. 31.Preliminary procedures

    4. 32.Changing the time of a hearing

    5. 33.Representation

    6. 34.The hearing

    7. 35.Adjournments

    8. 36.Written record

  5. PART 4

    1. 37.Transitional provisions

    2. 38.Transitory provision

  6. Signature

    1. SCHEDULE 1

      PUNISHMENTS THAT MAY NOT BE AWARDED BY SUBORDINATE COMMANDERS OF PARTICULAR RANKS

    2. SCHEDULE 2

      TRANSITIONAL PROVISIONS

      1. PART 1 General

        1. 1.Interpretation

        2. 2.Proven offences

        3. 3.Charges

        4. 4.Charges which may be heard summarily only with permission or by senior officer

        5. 5.Delegation and subordinate commanders

        6. 6.Preliminary steps taken before commencement

      2. PART 2 Activation of naval suspended sentence

        1. 7.Approval by higher authority

        2. 8.Preliminary procedures

        3. 9.Activation following finding that a charge has been proved

        4. 10.(1) Rule 23 applies, with the following modifications.

        5. 11.Rule 27(2) is to be read as requiring the written...

        6. 12.Notification of finding to court administration officer

        7. 13.Part 3 hearings

        8. 14.(1) Rule 31(1)(b) is modified as follows.

        9. 15.(1) Rule 34 is modified as follows.

        10. 16.Rule 36(1)(c) and (d) are to be read as requiring...

  8. Explanatory Note