S.L. 220.4 Art. 11Reference of charges to higher authority.

(1) When a commanding officer submits to higher authority a charge against an officer or warrant officer or a civilian to whom Parts III and IV of the Act are applied by article 179 of the Act or has remanded a non-commissioned officer or soldier for trial by court-martial, he shall send to higher authority -

(a) a copy of the charge on which the accused is held;

(b) a draft charge-sheet containing the charges upon which the commanding officer considers that the accused should be dealt with summarily or tried by court-martial;

(c) the summary or abstract of evidence;

(d) a statement of the character and service record of the accused; and

(e) a recommendation as to how the charge should be proceeded with.

(2) After a commanding officer has referred a charge to higher authority in accordance with sub-rule (1) he shall not dismiss it unless it has been referred back to him.

Preparation of charge sheets and framing of charges