Defence (Amendment) Act 2024
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Appointment of court-martial prosecutor | ||
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16. (1) The Principal Act is amended by the substitution of the following section for section 184F: | ||
“184F. (1) The Director may appoint in writing any of the following persons to be a prosecutor in a court-martial (in this Act referred to as a ‘court martial prosecutor’): | ||
(a) a member of the Defence Forces who at the date of appointment under this subsection is a practising solicitor or practising barrister; | ||
(b) a practising solicitor nominated by the Attorney General; | ||
(c) a practising barrister nominated by the Attorney General. | ||
(2) A court-martial prosecutor shall hold and vacate office in accordance with such terms and conditions as may be determined by the Director. | ||
(3) A court-martial prosecutor may, unless the Director otherwise directs, exercise any function of the Director. | ||
(4) In this section— | ||
‘practising barrister’ has the same meaning as it has in the Legal Services Regulation Act 2015 ; | ||
‘practising solicitor’ has the same meaning as it has in the Legal Services Regulation Act 2015 .”. | ||
(2) A person who, immediately before the coming into operation of subsection (1), stood appointed to be a prosecuting officer under section 184F of the Principal Act shall, on and after such coming into operation, be deemed— | ||
(a) subject to paragraph (b), to have been appointed as a court-martial prosecutor (within the meaning of that section as amended by subsection (1)) under that section as amended by subsection (1), and | ||
(b) to have been appointed on such terms and conditions as are not less favourable than the terms and conditions of service to which the person was subject immediately before such coming into operation. |