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The Armed Forces (Court Martial) Rules 2009

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Changes over time for: Section 49

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Point in time view as at 31/10/2009.

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49.—(1) In preliminary proceedings the judge advocate may give such directions as appear to him to be necessary to secure the proper and efficient management of the case.

(2) Without prejudice to paragraph (1), the judge advocate may make an order or ruling on—

(a)any question as to the admissibility of evidence;

(b)any question as to the joinder or severance of charges; or

(c)any other question of law, practice or procedure relating to the case.

(3) Any direction given in preliminary proceedings shall have effect throughout any related proceedings unless varied or discharged by—

(a)the judge advocate who gave it; or

(b)the judge advocate for any related proceedings.

(4) Any order or ruling made in preliminary proceedings shall have effect throughout any related proceedings unless varied or discharged—

(a)by the judge advocate who made it;

(b)by the judge advocate for any related proceedings; or

(c)on appeal.

(5) Section 166 (fitness to stand trial) applies in preliminary proceedings as it applies on a trial by the court.

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