Appeals to the AMC on convictions-purported order for a new trial
27 Appeals to the AMC on convictions-purported order for a new trial
This item applies in relation to an appeal purportedly made to the AMC against a person's conviction by a summary authority for a service offence if:
the appeal was purportedly lodged on or before the High Court decision date; and
on or before that date, the AMC had purportedly quashed the conviction and ordered a new trial.
The charge is taken to be referred to the Director of Military Prosecutions on the commencement day, and the Director of Military Prosecutions may deal with the charge under section 103 of the amended Defence Force Discipline Act.
To avoid doubt, the person is not deemed to have been acquitted of the offence under section 159 of the amended Defence Force Discipline Act.
This Act’s bill:Explanatory memorandumSecond reading speech
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