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Article 5 Referring a case to the prosecuting authority

Original text. Later amendments are not shown.

Where the higher authority refers a case in respect of an accused to the prosecuting authority, he shall forward to the prosecuting authority—

(a)

a copy of any report concerning the case prepared by the service police or other investigator;

(b)

any allegation reported to the commanding officer of the accused in the form of a charge under section 76(1) of the 1955 Act and details of any substitution or amendment of that charge under section 76(3) of the 1955 Act;

(c)

a list of any potential witnesses;

(d)

any written statements or written record of evidence of the potential witnesses;

(e)

any statements made by the accused including records or transcripts of interviews conducted under caution;

(f)

a list of any exhibits;

(g)

any other information in the possession of the higher authority which may be material to the prosecutor’s consideration of the institution of proceedings.