Commonwealth Numbered Regulations

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SUMMARY AUTHORITY RULES (SLI NO 196 OF 2008) - RULE 77

Keeping record of summary authority proceedings

         (1)   A summary authority must ensure that an adequate record of summary authority proceedings is kept in accordance with this rule.

         (2)   The record of proceedings must contain:

                (a)    the substance of the evidence of any witness called to testify; and

               (b)    an explanation of any additional matter as is necessary to enable the merits of the case to be determined; and

                (c)    the findings of the summary authority; and

               (d)    any punishment imposed by the summary authority; and

                (e)    any order made by the summary authority; and

                (f)    the reasons given for any conviction, punishment or order.

Note    A document or thing admitted in evidence must be made an exhibit (including any witness statement tendered as evidence), and all exhibits must be recorded by the summary authority and form part of the record of the summary authority proceedings.

         (3)   If the summary authority proceedings are recorded by means of shorthand or sound recording apparatus, and the proceedings result in:

                (a)    a referral to the Director of Military Prosecutions; or

               (b)    a conviction on 1 or more charges on the charge sheet (including alternative charges);

the recorder, or another person selected for the purpose of transcribing the proceedings, must prepare a transcript in writing which must be authenticated by the person who made the transcript.

         (4)   As soon as practicable after the conclusion of a hearing before a summary authority, the record of proceedings of the hearing must be certified as true and correct by:

                (a)    the summary authority; and

               (b)    if the matter was recorded by a person other than the summary authority -- the other person.



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