Rule 11 Notification of proceedings
This rule applies where the commanding officer has been notified in respect of an accused under his command that the prosecuting authority has preferred a charge.
As soon as is practicable after receipt of
the prosecution papers; and
the statements provided for in rule 10(2)(b),
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), the commanding officer shall serve the accused with—
the prosecution papers;
the statements explaining the rights of an accused and concerning legal assistance provided for in rule 10(2)(b);
a form for notifying the court administration officer of the accused’s legal representative;
where so required by the prosecutor, a statement explaining the effect of section 11 of the Criminal Justice Act 1967f1 (notice of alibi) and a form for the accused’s notice of alibi; and
a form for acknowledgement of receipt of the documents listed at (a) to (d).
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 (c.80), 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.