104.—(1) At the close of the case for the prosecution a defendant may submit, in respect of any charge, that the Director has failed to establish a case for him to answer.
(2) Without prejudice to the generality of rule 38, the judge advocate shall hear and rule on such a submission in the absence of the lay members.
(3) If such a submission is allowed, the judge advocate shall direct the lay members to find the defendant not guilty of the charge.
(4) This rule is subject to section 6 of the Domestic Violence, Crime and Victims Act 2004(1).
2004 c. 28; section 6 of the Domestic Violence, Crime and Victims Act 2004 is applied to the Court Martial by section 8 of that Act (as amended by paragraph 238 of Schedule 16 to the Armed Forces Act 2006).