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Can I elect to have my case heard by court martial or Defence Force Magistrate?

 

  • Yes. You can make this choice in writing within 24 hours or up to 14 days of being given the choice to elect.
  • The powers and jurisdiction of a Defence Force Magistrate are the same as a restricted court martial.
  • Defence Force Magistrates are generally practising lawyers who hold a commission in one of the armed forces.
  • If you do not elect to have your trial heard by court martial or Defence Force Magistrate in writing your trial will be dealt with by a summary authority.
  • You may withdraw your election any time before the start of the court martial or trial.

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