PART 8PRELIMINARY PROCEEDINGS

Powers of judge advocate49

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.