What can I do if I think a service tribunal is biased against me?

In Plain English

If you believe a service tribunal is biased against you, you have options to object. The process depends on the type of tribunal:

  • Summary Authority: You can object if you think the summary authority is biased. However, the fact that the summary authority is your commanding officer is not, on its own, enough to prove bias.
  • Court Martial: You can object to any member of the court martial or the judge advocate if you believe they are biased or ineligible.
  • Other Service Tribunals: You can object to the tribunal itself if you believe it is biased or ineligible.

If your objection is accepted, the charge may be referred to another summary authority or to the Director of Military Prosecutions.

Detailed Explanation

Under the Defence Force Discipline Act 1982, an accused person has the right to object to a service tribunal based on bias or ineligibility. The specific procedures and grounds for objection vary depending on the type of service tribunal involved.

1. Objections to the Service Tribunal (Other than a Court Martial) (Subsection 141(4))

  • An accused person may object to the service tribunal on the grounds that it is ineligible or biased.
  • However, this right to object on the grounds of bias does not extend to trials by a summary authority.
  • Subsections 141(4A) and (4B) clarify that a summary authority is not considered biased merely because they are the commanding officer of the accused, and this fact alone is not a reasonable ground for thinking bias exists.

2. Objections to a Court Martial (Subsections 141(2) and 141(3))

  • The accused can object to any member or reserve member of the court martial if they are ineligible, biased, or likely to be perceived as biased.
  • The accused can also object to the judge advocate on similar grounds (ineligibility, bias, or perceived bias).

3. Process and Outcomes (Subsections 141(6), 141(8), and 141(9))

  • If the judge advocate (in a court martial) or the service tribunal (in other cases) is satisfied that the objection is valid, the objection must be allowed.
  • If a Defence Force magistrate or a judge advocate grants an application or allows an objection, they may refer the charge to the Director of Military Prosecutions.
  • If a summary authority grants an application or allows an objection, they may refer the charge to another summary authority.