Proposed amendments
Hon Ron Mark, in Committee, to move the following amendments:
New clause 13A
After clause 13 (page 7, after line 33), insert:
13A Section 188 amended (When Court may find accused unfit to stand trial)
Repeal section 188(2) to (4) and (6).
Clause 14
Before clause 14(1) (page 7, before line 35), insert:
(1AA)
In section 188A(1), replace “If the Court Martial records a finding of the kind specified in section 188(6), the Court must”
with “In order to determine whether an accused is unfit to stand trial, the Court Martial must”
.
New clause 14A
After clause 14 (page 8, after line 3), insert:
14A New sections 188C to 188E inserted
After section 188B, insert:
188C Inquiry before trial into accused’s involvement in offence
(1)
This section applies if, before trial, the accused is found unfit to stand trial.
(2)
The Court Martial must decide whether the Court is satisfied, on the balance of probabilities, that the evidence against the accused is sufficient to establish that the accused caused the act or omission that forms the basis of the offence with which the accused is charged.
(3)
A special hearing must be held to ascertain whether the Court Martial is satisfied of the matter specified in subsection (2).
188D Inquiry during trial into accused’s involvement in offence
(1)
This section applies if, during a trial, the accused is found unfit to stand trial.
(2)
The Court Martial must decide whether the Court is satisfied, on the balance of probabilities, that the evidence against the accused is sufficient to establish that the accused caused the act or omission that forms the basis of the offence with which the accused is charged.
(3)
For the purposes of subsection (2), the Court Martial may (whether on the application of a party or on the Court’s own initiative) do either or both of the following:
(a)
consider any evidence presented at the trial:
188E Outcome of consideration of accused’s involvement
(1)
If the Court Martial is not satisfied of the matter specified in section 188C(2) or 188D(2),—
(a)
the Court must record a finding of not guilty on the charge:
(b)
the finding that the accused is unfit to stand trial is deemed for all legal purposes to have been quashed.
(2)
If the Court Martial is satisfied of the matter specified in section 188C(2) or 188D(2), the Court must—
(a)
record a finding to that effect; and
(b)
proceed to deal with the accused under section 191.