Rule 36E Variation hearingsF1

(1)

Where variation proceedings are commenced, the commanding officer or a person authorised by the commanding officer must fix a time for the hearing and give the offender notice in writing of that time.

(2)

In fixing the time for a hearing, the commanding officer, or the person authorised by the commanding officer under paragraph (1), must allow the offender a reasonable time to prepare for the hearing.

(3)

Rules 9 (changing the time fixed for a hearing), 10 (representation), 11A (interpretation, translation and communication through an intermediary) and 24 (adjournments) apply in respect of the hearing and for the purposes of this rule—

(a)

references in rules 9, 10, 11A, and 24 to “the accused” are to be read as references to the offender, and

(b)

rule 9(2)(a) does not apply.

Annotations

Textual amendments

F1: Pt. 3A inserted (13.11.2023) by The Armed Forces (Amendment of Court Rules) Rules 2023 (S.I. 2023/1097), rules 1(2), 16