I'm not trying to enlighten you, I'm just hoping that you understand at least my argument. Amendment G-2 in that section of clause 75 that is being amended provides that there would be no criminal record whether it's a court martial or a summary trial for the offences listed in that section if the penalty is one of those four that are listed there. That's why, despite that, we have our other amendment that says that any matter brought by summary trial should not attract a criminal record. That's a second category, or a second set.
Our aim in adding section 83 to this government amendment is to say that in addition to all of these other ones—and you'd have to go through what they are, it could be AWOL or even escaping lawful custody, all sorts of offences that are there, which you might think in other contexts.... They're listed as service offences, but they won't attract a criminal record no matter what the mode of trial is, as long as the penalty is one of those prescribed there—severe reprimand, reprimand, fine of a particular type, or minor punishment.
I think your questions about whether he chooses a court martial or not aren't particularly relevant to this subamendment or this government amendment, because regardless of whether you're in a court martial or you're not in a court martial, if the offence for which you're being tried is one of those listed there—and they cover a lot of things that sound criminal, like falsifying records, etc.—they don't attract a criminal record if the punishment is one of those four listed.
I wasn't sure where you were going with the questions about choosing a court martial or having an election. None of that would have any effect on whether an offence of disobeying a lawful order attracted a criminal record. What would matter is the nature of the punishment, whether it met that threshold or whether it was below that threshold that's spelled out there for all of the offences set out in the amendment.