{
  "url": "https://openlegislation.uk/naval-courts-martial-general-orders-royal-navy-1991/article-14",
  "json_url": "https://openlegislation.uk/naval-courts-martial-general-orders-royal-navy-1991/article-14.json",
  "legislation": "uksi/1991/2737",
  "legislation_title": "The Naval Courts-Martial General Orders (Royal Navy) 1991",
  "legislation_url": "https://openlegislation.uk/naval-courts-martial-general-orders-royal-navy-1991",
  "path": "article/14",
  "kind": "article",
  "number": "14",
  "heading": "Preparation of defence",
  "text": "–\n(1) An accused who has been remanded for trial by a court-martial shall be afforded a proper opportunity for preparing his defence.\n(2) The accused may have any officer, rating or civilian counsel, to assist him with his defence, providing that the same are reasonably available, and that person shall be known as the accused’s friend.\n(3) The convening authority shall ensure that the accused is properly assisted and shall, unless the accused wishes to conduct his defence in person or to secure civilian counsel, nominate a competent officer to act as his friend. The accused shall be allowed proper communication with his friend.\n(4) As soon as practicable after the accused has been remanded for trial by court-martial and in any case not less than 24 hours before his trial he shall be given–\n(a) a copy of the charge sheet;\n(b) a copy of the circumstantial letter;\n(c) a copy of the statements of witnesses for the prosecution;\n(d) notice of any additional evidence which the prosecution intends to adduce;\n(e) a list nominating the president and members who are to form the court and spare members;\n(f) a list of exhibits which the prosecutor proposes to put in evidence;\n(g) a statement setting out the rights of an accused.\n(5) The convening authority shall cause the accused to be informed that, upon his making, not less than 24 hours before his trial, a written request to his commanding officer for there to be summoned any witness whom he desires to call in his defence and whose attendance may reasonably be procured, such a person shall be summoned on his behalf.\n(6) When an accused is served with a copy of a written statement which the prosecutor proposes to put before the court in accordance with section 9 of the Criminal Justice Act 1967, as modified by any regulations made under section 12 of that Act, he shall be informed of his right under that section.\n(7) When an interview with an accused has been recorded on tape he may, before trial, apply by written notice to the convening authority for a transcript of such tape recorded interview or any part thereof. In such cases the convening authority shall, if he is of the opinion that the interests of justice so require, direct that such a transcript, or such parts thereof as he considers necessary, be supplied to the accused as soon as practicable and in any case not less than 24 hours before the trial.\n(8) Where it is proposed to adduce expert evidence of fact or opinion during the trial, the party proposing to rely on it shall, as soon as practicable, furnish the other party with a statement in writing, or by agreement orally, of that finding or opinion. If this is not done the evidence may not be adduced during the trial without the leave of the court. If a party has reasonable grounds for believing that the disclosure of any such evidence might lead to intimidation, or attempted intimidation or interference to the course of justice, then he shall give notice in writing to the other party explaining that the evidence is being withheld and the reasons why.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1967 c. 89; section 9 was amended by the Courts Act 1971 (c. 23), section 56(1) and Schedule 8, Part II, paragraph 49."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Section 12 was amended by the Armed Forces Act 1976 (c. 52), section 11 and Schedule 5, paragraph 3(b). Regulations were made by S.I. 1967/1078 and S.I. 1977/86."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1991/2737/article/14",
    "retrieved_at": "2026-10-29T14:33:13.386859+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}