Article 13 Conduct of the defence
An accused who has been notified that he is to be tried by court-martial shall be afforded a proper opportunity for preparing his defence.
The accused may appoint a representative to act for him in connection with his court-martial and that person shall be known as the accused’s friend.
Any right or responsibility which accrues to the accused by virtue of these Rules (except pleading to a charge) may be exercised by the accused’s friend on his behalf.
The accused shall inform the court administration officer of the name and address of his accused’s friend as soon as is practicable after an accused’s friend has been appointed.
The accused shall be allowed proper communication with his accused’s friend.
An accused’s friend may represent an accused before a court-martial and at a hearing for directions if he is—
a person who has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990f1;
an advocate or a solicitor in Scotland;
a member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Northern Ireland; or
any person who has in any Commonwealth country rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules.
Annotations
Footnotes
- f1