# The Armed Forces (Summary Hearing and Activation of Suspended Sentences of Service Detention) Rules 2009, Rule 17: Evidence adduced by the accused

Extent: E+W+S+N.I.

(1) Where the time fixed for the hearing is 48 hours or more after the commanding officer has complied with rule 8(1) the accused may not adduce the evidence of a witness unless—
(a) he has notified the commanding officer not less than 24 hours before the hearing that he wishes to adduce the evidence of the witness; or
(b) he has the permission of the commanding officer.
(2) Where the accused adduces the evidence of a witness—
(a) such evidence may be given orally or in writing;
(b) if the witness gives evidence in writing—
(i) his evidence shall be read to the commanding officer by the accused or his accused’s assisting officer; and
(ii) the accused shall provide the commanding officer with a copy of the evidence;
(c) the commanding officer shall give the accused an opportunity to question the witness; and
(d) the commanding officer may question the witness after the accused has had the opportunity to do so.

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Source: https://www.legislation.gov.uk/uksi/2009/1216/rule/17 (the official version)
Page: https://openlegislation.uk/armed-forces-summary-hearing-and-activation-of-suspended-sentences-of-service-detention-rules-2009/rule-17
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

