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Paragraph 1 Prosecution of civilians

Original text. Later amendments are not shown.

(1)

This rule applies where an accused has elected court-martial trial under article 16 of the Standing Civilian Courts Order 1997f1, or is to be treated under article 17 of that Order as if he had elected court-martial trial.

(2)

On receipt of notice of the election, the prosecutor shall determine whether the charge is to be tried by general court-martial or district court-martial.

(3)

Subject to paragraph (4) below, an accused shall be treated for the purposes of these Rules as if had been notified by his commanding officer that he is to be tried by court-martial under rule 11 above.

(4)

The prosecutor shall serve on the accused and the court administration officer a charge sheet appropriate for the court-martial trial.

Annotations

Footnotes

f1

S.I. 1997/172.