---
title: "Advise a member on representations before a prosecution decision"
url: "https://ailawframework.com/practice/military-and-defence-law/advise-a-member-on-representations-before-a-prosecution-decision"
type: "task"
site: "AI Law Framework"
id: "A64-LA20261022-6"
practice_area: "Military & Defence Law"
tier: "red"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Advise a member on representations before a prosecution decision

> From the brief of evidence and any proposed charges, list the elements the brief appears to address, the witnesses, and any defence the papers already disclose.…

Canonical page: https://ailawframework.com/practice/military-and-defence-law/advise-a-member-on-representations-before-a-prosecution-decision  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Military & Defence Law](https://ailawframework.com/practice/military-and-defence-law.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | From the brief of evidence and any proposed charges, list the elements the brief appears to address, the witnesses, and any defence the papers already disclose. Do not write the representations and do not express a view on prospects or the service interest. |
| What the lawyer must review | The lawyer applies the Director of Military Prosecutions' two-part test, reasonable prospects of conviction on admissible evidence and the service interest in maintaining good order and discipline, and writes any representations. The lawyer checks the factors the policy says must not influence the decision. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Lawyer-led judgement**

The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

- What the AI does: From the brief of evidence and any proposed charges, list the elements the brief appears to address, the witnesses, and any defence the papers already disclose. Do not write the representations and do not express a view on prospects or the service interest.
- What the lawyer does: The lawyer applies the Director of Military Prosecutions' two-part test, reasonable prospects of conviction on admissible evidence and the service interest in maintaining good order and discipline, and writes any representations. The lawyer checks the factors the policy says must not influence the decision.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.
- Restriction: The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

## Checks the lawyer makes

1. Confirm the advice uses the policy's test: admissible evidence with reasonable prospects of conviction beyond a prima facie case, then the service interest.
2. Confirm the representations do not ask the Director to weigh race, religion, sex, personal feelings, embarrassment to command, or a wish to be tried in order to clear a name. The policy says those are not reasons to prosecute.
3. Confirm time limits against the Act. The policy states that section 96 of the Defence Force Discipline Act 1982 sets five years for most service offences other than section 61 offences, and that after a person ceases to be a member charges must be preferred within six months and only where the maximum penalty is imprisonment for two years or more.
4. Confirm the mode of trial is described as the Director's decision, and that any superior-authority comment is treated as an input under the policy's account of section 5A, not as a direction.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.
- Section 96 and section 5A were taken from the prosecution policy's account of the Act. Confirm the sections in the Act before relying on the figures.

## Sources

- [Director of Military Prosecutions Prosecution Policy (2026)](https://www.defence.gov.au/sites/default/files/2026-07/DMP-Prosecution-Policy-2026.pdf) (checked 2026-10-22)
- [Department of Defence: Military justice system](https://www.defence.gov.au/about/governance/military-justice-system) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/military-and-defence-law/advise-a-member-on-representations-before-a-prosecution-decision/united-states.md) | Red |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*