PART VPROCEEDINGS AT COURT-MARTIAL

Pre-trial hearing37

1

The judge advocate may direct the court administration officer to order a hearing to take place at the court-martial before the commencement of the trial of an accused—

a

of his own motion; or

b

on the application of the prosecutor or accused for such a hearing;

and such a hearing shall be referred to in these Rules as a pre-trial hearing.

2

An application for a pre-trial hearing shall—

a

be made to the judge advocate in the form set out in Schedule 2 to these Rules; and

b

specify the reason for which it is made.

3

An applicant shall serve notice in writing of the application with a time estimate of the length of the pre-trial hearing on every other party to the proceedings and the court administration officer.

4

Before directing the court administration officer to order a pre-trial hearing, the judge advocate shall afford each party to the proceedings the opportunity of making written representations to him.

5

Paragraph (4) above shall not oblige the judge advocate to afford any party the opportunity of making representations where it appears to him that it would be impracticable to do so, or would cause unnecessary delay.

6

On receipt of a direction from the judge advocate under paragraph (1) above, the court administration officer shall—

a

issue an order convening the court-martial; or

b

if the order convening the court-martial has already been issued, amend the order;

so that the order shall specify—

i

the date and time at which the pre-trial hearing before the judge advocate shall take place; and

ii

the date and time at which the officer members of the court shall convene for the trial.

7

Nothing in this rule shall prevent the judge advocate from ordering a pre-trial hearing after the full court has assembled.