# The Courts-Martial (Army) Rules 1997, Paragraph 3


Where the specific offence with which an accused person is charged in a charge sheet is one created by or under an enactment, then (without prejudice to the generality of paragraph 2 of this Part)—
(a) the statement of offence shall contain a reference to—
(i) the section of, or the paragraph of the Schedule to, the Act creating the offence in the case of an offence created by a provision of an Act;
(ii) the provision creating the offence in the case of an offence created by a provision of a subordinate instrument;
(b) the particulars shall disclose the essential elements of the offence:
Provided that an essential element need not be disclosed if the accused person is not prejudiced or embarrassed in his defence by the failure to disclose it;
(c) it shall not be necessary to specify or negative an exception, exemption, proviso, excuse or qualification.

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Source: https://www.legislation.gov.uk/uksi/1997/169/schedule/1/paragraph/3 (the official version)
Page: https://openlegislation.uk/courts-martial-army-rules-1997/schedule-1/paragraph-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

