The Range Statement relates to the Unit of Competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording in the Performance Criteria is detailed below. |
Organisational policies may include: | ADF publications Defence Force Discipline Rules (consequences of punishment) Defence Instructions Summary Authority Rules |
Jurisdiction is determined may include: | deciding to try the charge hearing commencing within three months of charging hearing within the three month limit location of offence not proceeding with a charge/s due to lack of evidence preferring the charge within time limits rank of accused and rank difference being within limits of jurisdiction referring the charge to a higher authority, such as the Director of Military Prosecutions (DMP) due to: complexity severity it being a prescribed offence it being outside of jurisdiction punishment sought is greater than available to the summary authority referring the charge to another summary authority, bias, familiarity with case, conflict of interest, etc. summary authority not being disqualified due to being involved in issuing warrants, the investigation or charging the accused, or otherwise indicating a desire to charge the member type of offence |
Applications and objections may include: | accused or prosecuting officer requesting an adjournment witness before a summary authority giving evidence by audiovisual link or audio link application for an adjournment, before pleading, on the ground that the accused has not had an adequate opportunity to prepare his/her defence objection to the recorder or summary authority due to bias application before pleading by co-accused to be dealt with or tried in separate proceedings application before pleading by accused to have multiple charges heard in separate proceedings objection to a charge before pleading by accused on any ground, such as: accused has been previously convicted or acquitted of the charge or a service tribunal has already taken it into consideration in sentencing time limits for charging and/or trying accused have been contravened charge does not disclose a service offence or is otherwise wrong in law summary authority does not have jurisdiction to try the charge or is disqualified by involvement in the investigation or charging of the offence |
Trial proceedings areconducted may include: | adjournment of proceedings handling applications and objections hearing pleas implementing appropriate procedures (A/B/C/D) managing trial personnel offering election by trial by CM/DFM for Schedule 1A offences, because of the seriousness of the offence (if proven) offering upfront election by trial by court martial (CM) /Defence Force Magistrate (DFM) substituting a plea of not guilty for a plea of guilty when it appears that the accused does not understand the effect of the guilty plea |
Evidence requirements may include: | applying principles of evidence (such as relevance, reliability, weight, probative value) determining the admissibility of evidence managing examination, cross-examination and re-examination |
Trial documentation may include: | Charge Sheet and Action Report Form investigating officer’s reports medical and other specialist reports pre-sentence report statutory declarations witness statements |
Clarification may include: | advice from a legal officer: during the proceedings by conference call during a pause advice from consulting manuals, instructions and other references asking questions of accused asking questions of witnesses |
Plea/s may include: | guilty not guilty silence by the accused (defaults to not guilty) |
Determination includes | summary authority using personal judgement to determine that accused understands the ramifications of the plea |
Imposing a punishment may include: | considering the D5 of the convicted considering the effect upon unit discipline considering the scale of punishments hearing pleas in mitigation reviewing the conduct record of the convicted |
Post-trial procedures may include: | grounds for review informing the convicted member of the outcomes of the review petitions to the chain of command concerning conviction, punishment or an order imposed by a summary authority suspending execution of punishment by reviewing authority (RA) when convicted member petitions (at the RA’s discretion) and must be lodged in writing within timeframes (thirty days from notice) |
Post-trial documentation may include: | trial transcript updating organisational databases |