Article 13 Appointment arranged by the accused
The accused may arrange for the legal representative, appointed by the judge advocate under section 38(4) of the Act, to be appointed to act for him for the purpose of cross-examining any witness in respect of whom a prohibition under section 34, 35 or 36 of the Act applies.
Where such an appointment is made—
both the accused and the legal representative appointed shall notify the court of the appointment; and
the legal representative shall, from the time of his appointment, act for the accused as though the arrangement had been made under section 38(2)(a) of the Act and shall cease to be the representative of the court under section 38(4) of the Act.
Where the court receives notification of the appointment either from the legal representative or from the accused but not from both, the judge advocate shall investigate whether the appointment has been made, and if he concludes that the appointment has not been made, paragraph (2)(b) shall not apply.
An accused may, notwithstanding an appointment by the judge advocate under section 38(4) of the Act, arrange for a legal representative to act for him for the purpose of cross-examining any witness in respect of whom a prohibition under section 34, 35 or 36 of the Act applies.
Where the accused arranges for, or informs the court of his intention to arrange for, a legal representative to act for him, he shall notify the court, within such period as the judge advocate may allow, of the name and address of any person appointed to act for him.
Where the court is notified within the time allowed that such an appointment has been made, any legal representative appointed by the judge advocate in accordance with section 38(4) of the Act shall be discharged.
The court administration officer shall, as soon as reasonably practicable after the court receives notification of an appointment under this rule or, where paragraph (3) applies, after the judge advocate is satisfied that the appointment has been made, notify all the parties to the proceedings—
that the appointment has been made;
where paragraph (4) applies, of the name and address of the person appointed; and
that the person appointed by the judge advocate under section 38(4) of the Act has been discharged or has ceased to act for the court.