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Article 43 Judge advocate sitting alone

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where—

(a)

the accused makes a submission of no case to answer; or

(b)

for any reason the judge advocate is of the opinion that he should rule on a question in the absence of the other members of the court,

the judge advocate may direct the other members of the court to withdraw.

(2)

If, while the judge advocate is sitting alone in accordance with these Rules, a person commits an offence under section 57 or 101 of the Act, the judge advocate may report the occurrence to—

(a)

the president; or

(b)

if the offence is committed during preliminary proceedings and the person is subject to military law, the commanding officer of that person.