Article 12 Disclosure by accused: further provisions
Where an accused’s legal representative purports to give a defence statement on behalf of the accused, the statement shall, unless the contrary is proved, be deemed to be given with the authority of the accused.
If it appears to the judge advocate at preliminary proceedings that an accused has failed to comply fully with article 7, so that there is the possibility of comment being made or inferences drawn under article 16(2), he shall warn the accused accordingly.
In paragraph (2) “preliminary proceedings” means any proceedings held for the purpose of giving directions, orders or rulings for the purpose of trial or the hearing of an appeal.
During a trial before the Court Martial or an appeal before the Summary Appeal Court, the judge advocate—
may direct that the other members of the court be given a copy of the defence statement; and
if he does so, may direct that it be edited so as not to include references to matters evidence of which would be inadmissible.
A direction under paragraph (4)—
may be made either of the judge advocate’s own motion or on the application of any party;
may be made only if the judge advocate is of the opinion that seeing a copy of the defence statement would help the other members to understand the case or to resolve any issue in the case.