The Army Custody Rules 2000

Request by the commanding officer for a review

11.—(1) Subject to paragraph (3), a request for a review under section 75G(2)(b) of the Act shall be made by the commanding officer to the relevant court administration officer and be supported by the following information—

(a) the name, rank, appointment and location of the commanding officer;

(b) the name, date of birth and location of the accused and, where applicable, his rank, service number, unit and regiment or corps;

(c) the name and address of the accused’s legal adviser, if known;

(d) the charge;

(e) the date on which the extant order under section 75F(2) was made and the period of custody authorised by it;

(f) the circumstances which have caused the commanding officer to consider that the grounds on which that order was made have ceased to exist; and

(g) if it appears to the commanding officer that requirements should be imposed by the judicial officer under section 75J(2)(b) of the Act, the suggested requirements.

(2) Where a request is made under paragraph (1), the commanding officer, or someone acting on his behalf, shall inform the accused of that fact in writing and of the information specified under paragraph (1)(f) and (g).

(3) Where the commanding officer requests a review under section 75G(2)(b) of the Act after the commencement of the accused’s trial by court-martial and on a day when that court-martial is sitting, the request shall be made to the judge advocate.