Re: Redress system
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Posted by Arte et Marte on March 25, 2021 at 23:01:54:
In Reply to: Re: Redress system posted by A Corporal on March 25, 2021 at 19:03:12:
At the initial hearing the soldier is offered an Assisting Officer of his/her choice or one can be appointed. If this soldier is not in agreement that he/she is being served on his/her behalf, then he/she can announce this prior to or during the Summary Trial.
As for the officer, being one myself, it repulses me that this is the way this one has come out to support his fellow soldier. The Asisting officer is not there in the capacity as a lawyer as he/she is not qualified to do so. The Assisting Officer is there to provide "assistance" in the conduct of the trial proceedings, gather as much valid information and credible witnesses in support of the defendant as well as advise the defendant of the powers of punishment of the presiding officer.
Dependant upon the infraction, the defendant should also have been advised of his/her right to elect a Courts Martial remembering that the powers of punishment are greater.
In the new rules, a defendant also has the right to actual legal assistance if requested, even at the summary trial. I am not sure though that this will be at Crown expense or not although I think that it would not be.
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