The Courts-Martial (Army) Rules 2007

Notification of proceedings

13.—(1) This rule applies where the commanding officer has been notified in respect of an accused under his command that the prosecuting authority has preferred a charge.

(2) As soon as is practicable after receipt of the prosecution papers, the commanding officer shall notify the accused that he is to be tried by court-martial.

(3) On notifying the accused in accordance with paragraph (2), the commanding officer shall serve the accused with—

(a) the prosecution papers;

(b) a form for notifying the court administration officer of the accused’s legal representative;

(c) where so required by the prosecutor, a statement explaining the effect of section 11 of the Criminal Justice Act 1967(1) (notice of alibi) and a form for the accused’s notice of alibi;

(d) a form for acknowledgement of receipt of the documents listed at (a) to (c).

(1)

1967 c. 89; section 11 is applied to proceedings before courts-martial by section 12 of the Criminal Justice Act 1967 (c.80), subject to the modifications prescribed by the Criminal Justice Act 1967 (Application to Courts-Martial) (Evidence) Regulations 1997 (S.I. 1997/173). Section 12 was amended by the Armed Forces Act 1976 (c. 52), section 11 and Schedule 5 and the Armed Forces Act 1996, section 5 and Schedule 1.