OpenLegislation

Article 35 Procedure at the hearing

Original text. Later amendments are not shown.

(1)

A judge advocate shall not be bound at a hearing by any enactment or rule of law relating to the admissibility of evidence in proceedings before courts of law.

(2)

The commanding officer and the person to whom the proceedings relate shall each be heard in such order as the judge advocate shall determine and, in exercising his powers under this paragraph, the judge advocate shall adopt such course as appears to him will best serve the interests of justice.

(3)

The judge advocate shall explain the order of the proceedings which he proposes to adopt at the beginning of the hearing.

(4)

Subject to section 108(6), the commanding officer and the person to whom the proceedings relate shall each be entitled to—

(a)

give evidence on oath and call witnesses,

(b)

produce to the judge advocate any document or written report, and

(c)

address the judge advocate at least once,

on any matters relevant to the proceedings.

(5)

The judge advocate shall make a record of the hearing unless a court recorder is in attendance.