Article 30 Judge advocate sitting alone
Where—
the accused makes a submission of no case to answer; or
for any reason the judge advocate is of the opinion that he should rule on a question in the absence of the other members of the court;
the judge advocate may direct the other members of the court to withdraw.
Subject to paragraph (5) below, while the other members of the court are absent the judge advocate shall exercise all the powers and duties of the court, including the president.
After the other members of the court have withdrawn from the court, the judge advocate shall hear the arguments and evidence relevant to the point at issue and shall give his ruling and his reasons for it.
After the judge advocate has given his ruling, the other members of the court shall return to the court and the judge advocate may, if it seems appropriate to him, announce his ruling to them.
If, while the judge advocate is sitting alone under this rule or at a pre-trial hearing, a person subject to the Act commits an offence under section 38(1)f1 of the Act, the judge advocate may report the occurrence to—
the president; or
if the offence is committed during a pre-trial hearing, the commanding officer of the offender.
Annotations
Footnotes
- f1
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Section 38 was amended by the Armed Forces Act 1971 (c. 33), section 23(3) and the Criminal Justice Act 1982 (c. 48), section 58 and Schedule 8.