I will be attending my first ever court martial. Does it work the same way as a normal court? Do I need to plead guilty or not guilty and is evidence presented? What can the outcomes be?
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Answer by Madylene Mendiola, Doonside 2767 NSW
- In a court martial the Judge Advocate or Defence Force Magistrate will ask you whether you wish to plead guilty or not guilty.
- If you choose to plead guilty and the judge is satisfied that you understand the implications of pleading guilty then you will be sentenced.
- If you plead not guilty or if the judge believes you do not understand the implications of pleading guilty then he or she will proceed to hear the evidence of charges against you.
- Once the judge has heard the evidence and there is enough evidence to support the charges then the trial will proceed.
- If you are found not guilty you will be acquitted of the offence.
- If you are found guilty then the judge will proceed to sentence you.