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Article 37 Opportunity to elect trial by court-martial

Original text. Later amendments are not shown.

(1)

Before the accused is arraigned on any charge sheet, the magistrate or any person whom he authorises shall say to the accused words to the effect of—

  • “You have the right to elect to be tried by court-martial instead of by this court. Do you wish to elect court-martial trial?”

(2)

Subject to paragraphs (3) and (4) below, if any accused elects court-martial trial, the court shall adjourn and report the election in writing to the court administration officer.

(3)

If there is another charge-sheet against the accused before the court, the court shall, before adjourning under this paragraph, proceed with the other charge-sheet.

(4)

Where two or more accused are jointly charged and one or more but not all of the accused elect court-martial trial, the court shall, before adjourning or complying with paragraph (3) above, explain to each accused who has not so elected the effect of article 17 above.