---
title: "Election to be tried by court martial or Defence Force magistrate: decision record"
url: "https://ailawframework.com/precedents/military-and-defence-law/election-for-court-martial-or-dfm"
type: "precedent"
site: "AI Law Framework"
id: "a64-election-for-court-martial-or-dfm"
area_id: "A64"
kind: "checklist"
ai_level: "red"
version: 1
task_ids: ["A64-H20261018-3"]
law_stated_as_at: "2026-10-22"
---

# Election to be tried by court martial or Defence Force magistrate: decision record

> Record of a summary-authority election under ss 111B and 111C, or a during-trial election under s 131: the time to decide, who gets the election, and where the charge goes if it is made.

Canonical page: https://ailawframework.com/precedents/military-and-defence-law/election-for-court-martial-or-dfm  
Law stated as at: 2026-10-22

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

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Military & Defence Law](https://ailawframework.com/precedents/military-and-defence-law.md)
- Jurisdictions: Australia, Commonwealth
- AI level: Red. You write the text. The tool writes nothing into the document. Where permitted, it may check, clarify or collect data, and anything it checks or collects is verified.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the 3 authorities it cites, for Australia and Commonwealth.

## When to use it

Use when a summary authority offers an ADF member an election to have a charge tried by a court martial or a Defence Force magistrate, either before the trial starts or during a trial of a Schedule 1A offence. The member decides. This precedent does not contain the member's evidence.

## Used for these tasks

- [Advise a member on electing trial by court martial or Defence Force magistrate](https://ailawframework.com/practice/military-and-defence-law/advise-a-member-on-electing-trial-by-court-martial-or-defence-force-magi.md)

## How AI may be used

The lawyer advises on the election; AI may enter the charge, the time the opportunity was given, and the time limit from the record.

**AI may:**

- Enter each charge, the time the opportunity was given, and the time the decision is due
- Flag a charge described on the charge sheet as a prescribed offence or a Schedule 1A offence

**AI must not:**

- Must not recommend that the member elect or not elect
- Must not draft the member's decision reasons as if they were the member's instructions
- Must not describe punishments under ss 69B or 69C without the lawyer opening those sections

**The lawyer checks:**

- The charge is one to which s 111B(1) applies, or the during-trial election under s 131 applies, read against s 111B(2) and s 131(2)
- The member had a real opportunity to obtain legal advice if a legal officer was reasonably available
- The decision is recorded in writing within 24 hours, or within the longer period the summary authority allowed, not exceeding 14 days

## Authorities

- [Defence Force Discipline Act 1982 (Cth) s 111B (opportunity to elect before the summary authority starts dealing with the charge; exceptions; legal advice if a legal officer is reasonably available)](https://classic.austlii.edu.au/au/legis/cth/consol_act/dfda1982188/s111b.html)
- [Defence Force Discipline Act 1982 (Cth) s 111C (decision within 24 hours, or a longer period not exceeding 14 days; referral to the Director of Military Prosecutions; withdrawal before a hearing date is fixed)](https://classic.austlii.edu.au/au/legis/cth/consol_act/dfda1982188/s111c.html)
- [Defence Force Discipline Act 1982 (Cth) s 131 (during a summary trial of a Schedule 1A offence, other than a custodial offence, before a finding, if an elective punishment would be appropriate)](https://classic.austlii.edu.au/au/legis/cth/consol_act/dfda1982188/s131.html)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/military-and-defence-law/election-for-court-martial-or-dfm and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

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