OpenLegislation

Article 7 Charge sheet

Original text. Later amendments are not shown.

–

(1)

A charge sheet shall contain the whole of the issue or issues to be tried at one time, and shall be signed by the officer who signs the circumstantial letter or by the prosecutor. Such charges may be in addition to or substitution for charges which were put to the accused during the course of any investigation.

(2)

A charge sheet may contain more than one charge if the charges are founded on the same facts or form a part of a series of offences of the same or similar character:

Provided that an offence under section 16(1) of the Actf1 (desertion), section 17f2 (absence without leave), or section 33Cf3 (escape from confinement) may be included in any charge sheet, notwithstanding that other charges in that charge sheet are not founded on the same facts and do not form part of a series of offences of the same or similar character. An offence under section 31(1) of the Act (offences relating to issues and decorations) may be so included where it arises in connection with a charge under section 16(1) or 17 of the Act.

(3)

The commencement of the charge sheet shall state as appropriate the service number, rank or rate, name of ship or establishment of the accused and shall further state that he is subject to or otherwise triable under the Act.

Annotations

Footnotes

f1

Section 16(1) was amended by S.I. 1964/488, article 2(1), Schedule 1, Part I and by the Armed Forces Act 1971 (c. 33), sections 77(1) and 78(4) and Schedule 4, Part I.

f2

Section 17 was amended by S.I. 1964/488, article 2(1) and Schedule 1, Part I and by the Armed Forces Act 1971 (c. 33), sections 12(3) and 77(1) and Schedule 4 Part I.

f3

Section 33C was inserted by the Armed Forces Act 1971 (c. 33), section 22.