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Office of the Director of Military Prosecutions

ODMP

12 June 2006 – present

Office of the statutory Director of Military Prosecutions, which decides whether to prosecute serious service offences and conducts those prosecutions before courts martial and Defence Force magistrates, independently of the chain of command.

How it came into existence

The statutory office of Director of Military Prosecutions was created by the Defence Legislation Amendment Act 2005, which amended the Defence Force Discipline Act 1982, and came into operation in June 2006, replacing an interim, non-statutory Director of Military Prosecutions within Defence's legal area.

  • Split from Department of Defence · 12 June 2006
    • Prosecution of service offences

    From the interim Director of Military Prosecutions within Defence Legal.

Legislation: Defence Force Discipline Act 1982 (Part XIA, inserted by the Defence Legislation Amendment Act 2005)

Changes during its life

  1. 26 August 2009After the High Court held the Australian Military Court invalid in Lane v Morrison, prosecutions again proceeded before courts martial and Defence Force magistrates under the Military Justice (Interim Measures) Act (No. 1) 2009.

Main functions

  • Deciding whether to prosecute serious service offences
  • Conducting prosecutions before courts martial and Defence Force magistrates (and the Australian Military Court in 2007-09)
  • Representing the prosecution in appeals to the Defence Force Discipline Appeal Tribunal
  • Prosecution policy for the military discipline system

Where it sits

In the portfolio of Department of Defence.

Lineage

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Sources

Some dates or links for this organisation are not fully confirmed. Corrections are welcome.