Article 10 Notification of trial
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.
As soon as is practicable after receipt of—
the prosecution papers; and
the statements provided for in rule 8(2)(a) above,
the commanding officer shall notify the accused that he is to be tried by court-martial.
On notifying the accused in accordance with paragraph (2) above, the commanding officer shall serve the accused with—
the prosecution papers;
a form for the accused’s notice of alibi;
the statements explaining the rights of an accused and concerning legal assistance provided for in rule 8(2)(a) above;
a form for notifying the court administration officer of his accused’s friend; and
a form for acknowledgement of receipt.
At the time when the prosecution papers are given to the accused, the commanding officer shall inform the accused of the effect of section 11 of the Criminal Justice Act 1967f1 (notice of alibi).
Annotations
Footnotes
- f1
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1967 c. 89; section 11 is applied to proceedings before courts-martial by 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). Section 12 was amended by the Armed Forces Act 1976 (c. 52), section 11 and Schedule 5 and the Armed Forces Act 1996, section 5 and Schedule 1.