New rules for Australia

The Judge Advocate General of the Australian Defence Force has issued the Court Martial and Defence Force Magistrate Rules 2020. According to the accompanying Explanatory Statement:

The purpose of the Court Martial and Defence Force Magistrate Rules 2020 (the Rules) is to prescribe the rules and processes that are to be undertaken by a court martial and Defence Force Magistrate proceeding under the Act. The Rules consist of 10 Parts that address preliminary matters, charging and summoning an accused person, general trial provisions for superior disciplinary tribunal proceedings, evidence before superior disciplinary tribunal proceedings, and procedure for recording of proceedings and dealing with exhibits. New Rules have been introduced to deal with tendency/coincidence evidence and procedure, as well as pre-trial hearings on the application of a party or on the direction of the Judge Advocate or Defence Force Magistrate. The new Rules change the requirement to swear or affirm a recorder as most proceedings are electronically recorded. The new Rules will also repeal the Court Martial and Defence Force Magistrate Rules 2013 before they sunset on 1 April 2020.

The Rules replace this sunsetting instrument in substantially the same format with some procedural and evidential changes, having regard to superior tribunal discipline reform which is intended to simplify and streamline proceedings. They also update the previous Rules with modernised language and drafting compliance.

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