Can I object to a member of a court martial if I think they're biased?

In Plain English

Yes, if you're facing a court martial, you can object to a member of the court martial or the judge advocate if you believe they are biased, likely to be biased, or might be perceived as biased. You must lodge this objection with the Registrar before the court martial is sworn in.

Detailed Explanation

Yes, you can object to a member of a court martial if you think they are biased. According to section 121 of the Defence Force Discipline Act 1982, an accused person may lodge an objection with the Registrar against any member (including reserve members) of the court martial or the judge advocate if they believe that person:

  • Is ineligible
  • Is, or is likely to be, biased
  • Is likely to be thought, on reasonable grounds, to be biased

This objection must be lodged before the court martial is sworn or affirmed. Additionally, section 141 of the Defence Force Discipline Act 1982 as amended by the Military Justice (Interim Measures) Act (No. 1) 2009 provides further details on objections:

  • Subsection 141(2) states that an accused person may object to any member or reserve member of the court martial on the grounds of ineligibility or bias (actual or perceived) before the court martial is sworn or affirmed.
  • Subsection 141(3) allows an objection to the judge advocate before the accused is asked to plead, based on similar grounds of ineligibility or bias.
  • Subsections 141(5) and 141(6) outline the process for the judge advocate to assess these objections. If the judge advocate is satisfied that the interests of justice require the application to be granted (in the case of an application under 141(1)(a)), or that the accused person has substantiated their objection (under subsections 141(2), (3) or (4)), the judge advocate must grant the application or allow the objection.
  • Subsection 141(7) specifies that objections regarding a court martial can be notified to the judge advocate after the convening order is made, and the judge advocate will then hear the objection without the members of the court martial present.