S.L. 220.4 Art. 23Preparation of defence.

(1) Subject to sub-rule (2) -

(a) an accused who has been remanded for trial by court-martial shall be afforded a proper opportunity for preparing his defence and shall be allowed proper communication with his defending officer or counsel and with his witnesses;

(b) a defending officer or counsel shall be appointed to defend an accused who has been remanded for trial by court-martial unless the accused states in writing that he does not wish an appointment to be made;

(c) if the prosecution is to be undertaken by a legally qualified officer or by counsel, the accused shall be notified of this fact in sufficient time to enable him, if he so desires and it is practicable, to make arrangements for a legally qualified officer or counsel to defend him;

(d) as soon as practicable after an accused has been remanded for trial by court-martial and in any case not less than twenty-four hours before his trial, he shall be given:

(i) a copy of the charge-sheet;

(ii) an unexpurgated copy of the summary or abstract of evidence showing the passages (if any) which have been expurgated in the copy sent to the president;

(iii) notice of any additional evidence which the prosecution intends to adduce; and

(iv) if the accused so requires, a list of the ranks, names, and units of the president and members who are to form the court and of any waiting members;

(e) when an accused is given a copy of the charge-sheet and of the summary or abstract of evidence in accordance with this rule, he shall -

(i) if necessary, have the charge explained to him, and

(ii) be informed that, upon his making a written request to his commanding officer not less than twenty-four hours before his trial requiring the attendance at his trial of any witness (other than a witness for the prosecution) whom he desires to call in his defence (such witness to be named by him), reasonable steps will be taken in accordance with these Rules to procure the attendance of any such witness at his trial;

(f) when an accused is served with a copy of a written statement which the prosecutor proposes to hand to the court and the accused is entitled to require that oral evidence shall be given in lieu of such written evidence, he shall be informed of his rights to require that oral evidence shall be given in lieu of such written evidence;

(g) when it is intended to try two or more accused jointly, notice of this fact shall be given to each such accused when he is given a copy of the charge-sheet. Any such accused may, before trial, by written notice to the convening officer, claim to be tried separately on the ground that he would be prejudiced in his defence if he were not tried separately. In such case the convening officer shall, if he is of the opinion that the interests of justice so require, direct that the accused who has so claimed shall be tried separately;

(h) when a charge-sheet contains more than one charge, the accused may, before trial, by written notice to the convening officer claim to be tried separately on any charge in that charge-sheet on the ground that he would be prejudiced in his defence if he were not tried separately on that charge, and in such case the convening officer shall, if he is of the opinion that the interests of justice so require, direct that the accused shall be tried separately on that charge.

(2) In the case of a field general court martial the provisions of sub-rule (1) need not be complied with so far as it is practicable to do so.

Assembly and swearing of court