Article 4 Reference of charges to convening authority

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(1)

When a commanding officer remands a person for trial by court-martial, there shall be sent to the convening authority a circumstantial letter and annexed thereto as separate documents–

(a)

a charge sheet containing the charges upon which the commanding officer considers that the accused should be tried by court-martial;

(b)

a list of witnesses for the prosecution;

(c)

statements of the witnesses in support of the charges;

(d)

a list of the exhibits;

(e)

any statements made by the accused.

(2)

Unless the accused is an officer the commanding officer shall also send to the convening authority–

(a)

a certified extract of all entries of offences and punishments in the accused’s Advancement and Conduct Record Sheet prior to the date of the offence charged but subsequent to his joining his present ship, with an assessment of his character from the previous 31 December to the date of the offence with which he has been or may be charged but excluding all consideration of conduct relating to the charge;

(b)

a certified copy of the accused’s full service documents.