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Article 11 Notification of trial

Original text. Later amendments are not shown.

(1)

This rule applies where the commanding officer has been notified in respect of an accused under his command that the prosecutor has preferred a charge.

(2)

As soon as is practicable after receipt of the prosecution papers, the commanding officer shall notify the accused that he is to be tried by court-martial.

(3)

On notifying the accused in accordance with paragraph (2) above, the commanding officer shall serve the accused with—

(a)

the prosecution papers;

(b)

where so required by the prosecutor, a statement explaining the effect of section 11 of the Criminal Justice Act 1967f1 (notice of alibi) and a form for the accused’s notice of alibi;

(c)

a form for notifying the court administration officer of the accused’s legal adviser; and

(d)

a form for acknowledgement of receipt.

Annotations

Footnotes

f1

1967 c. 89; section 11 applies to proceedings before courts-martial by virtue of section 12 of the Criminal Justice Act 1967, subject to the modifications prescribed by the Criminal Justice Act 1967 (Application to Courts-Martial) (Evidence) Regulations 1997 (S.I. 1997/173).