Court Martials
4. Courts Martial
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 13 Jul 2015
- Offences committed under the Defence Force Discipline Act 1982 (DFDA) are tried internally through the summary authorities, courts martial or Defence Force Magistrate.
- Summary authorities can try all offences under the DFDA and they may give you the choice to have your trial before a Defence Force Magistrate or court martial.
- A court martial is comprised of a panel of serving officers and a serving military lawyer. It is presided over by a Judge Advocate or Defence Force Magistrate (who is a military lawyer) or summary authorities (who are serving officers).
- Convictions and sentences have the right of automatic review and the reviewing authority will give you the written results of the review within 30 days.
- Some offences that come under other Acts such as rape can be dealt with by civil authorities such as the police and these are tried through the civil justice system.
- As an ADF member you are entitled to free legal advice and your lawyer may represent you in a court martial and advise you of likely penalties for the offence you are charged with.
- If the court martial is heard at Regimental or Battalion level you may not get free representation.
- You may also seek legal advice from an independent lawyer specialising in military law.
- Penalties for offences can include:
- fines;
- detention;
- demotion;
- confinement;
- suspension;
- severe reprimand;
- dismissal from the ADF; or
- imprisonment.
- A person may appeal to the Defence Force Discipline Appeal Tribunal within 30 days if they are unhappy with the result of the court martial.
- In an appeal the tribunal may set aside the decision of the court martial or substitute the decision for another one. They may also order a new trial if they find there has been a miscarriage of justice.
- On the other hand the tribunal may also find you guilty of another offence for which you were not convicted in the original court martial.
- If you are unhappy with the decision of the tribunal you may appeal to the Federal Court of Australia who may affirm or set aside the decision of the tribunal or order a new trial by court martial.
- Appeals to the Federal Court of Australia can only be on questions of law. This means the legal principles were incorrectly applied or interpreted in the original trial. Otherwise the decision of the tribunal is final.
- You may also appeal the decision of the Federal Court of Australia to the High Court of Australia but only if you obtain special leave (permission from the court) to appeal.
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