Topic: Summary Trial Question & Discussion

[ballz]

I personally would be basing my decision on the evidence against me, not on probabilities.

Which leads me to a question (these ST / CM things always catch my interest) for those with experience... Are you given the full-disclosure of evidence against you before you have to make a decision on ST or CM? Any comments would be appreciated.

[ModlrMike]

I believe discovery comes after the election. Until the member elects, there's no framework for the trial. That being said, the member should have a good understanding of the evidence to be introduced at trial before he makes an election.

[CDN Aviator]

As far as i can recall, i was provided with a copy of all witness statements prior to making my decision, the last time around.

Its been almost 10 years so i could be remembering wrong.

[ArmyVern]

I personally would be basing my decision on the evidence against me, not on probabilities.

Which leads me to a question (these ST / CM things always catch my interest) for those with experience... Are you given the full-disclosure of evidence against you before you have to make a decision on ST or CM? Any comments would be appreciated.

Beginning from the time your charges are read, you receive a copy of your file (the UDI, all statements etc) and  have a minimum of 24 hours to decide your election (ST/CM).

During this time, one should certainly be going over that file, discussing both ST and CM processes and the differences between the two (including powers of punishment/evidence) with the AO, legal etc.

[ArmyVern]

I believe discovery comes after the election. Until the member elects, there's no framework for the trial. That being said, the member should have a good understanding of the evidence to be introduced at trial before he makes an election.

Well, not really, but I know what you meant. Discovery comes after the charge vice the election. Member is marched in, RDP'd (charged) and then receives the file and is sent away to consult as appropriate for min 24hrs. At some point after the initial 24 hours has passed, mbr will be brought in again to make their election as to TYPE of proceeding.

[Haggis]

Well, not really, but I know what you meant. Discovery comes after the charge vice the election. Member is marched in, RDP'd (charged) and then receives the file and is sent away to consult as appropriate for min 24hrs. At some point after the initial 24 hours has passed, mbr will be brought in again to make their election as to TYPE of proceeding.

Vern is bang on.  Full; disclosure is made at the time charges are laid (i.e. the accused is given his RDP) or very shortly thereafter in order to allow him to make an informed decision about ST or CM.  The 24 hours is a minimum and the accused can reasonalbly request more time.  In the Class A Reserve world, "24" hours" usually means about a week.

One key difference to remember between ST and CM is that at an ST you will be asked if you "admit to the particulars" and not to plead guilty/not guilty.  What you are, in fact doing is admitting that the statement of offence as written on the RDP is factually correct.  At that point, the presiding officer can find you guilty/not guilty - without another word being said  - but likely based your admission, coupled with the evidence presented for/against you (witness statements, your statement, AO's submission etc.).