S.L. 220.4 Art. 6Methods of investigating charges.

(1) Subject to sub-rules (3) and (4), when a commanding officer investigates a charge he shall first read and, if necessary, explain the charge to the accused and shall then -

(a) hear the evidence himself in accordance with rule 7; or

(b) cause the evidence to be reduced in writing in accordance with sub-rule (2), and read and consider it: Provided that:

(a) notwithstanding that he has heard all or part of the evidence himself, he may cause the evidence to be reduced to writing;

(b) after the evidence has been reduced to writing and he has considered it, he may himself hear evidence in accordance with rule 7; and

(c) before he 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 remand a non-commissioned officer or soldier for trial by court-martial he shall cause the evidence to be reduced to writing.

(2) Evidence may be reduced to writing in the form of a summary of evidence taken in accordance with rule 8 or an abstract of evidence made in accordance with rule 9: Provided that a summary or evidence must be taken if -

(a) the maximum punishment for the offence with which the accused is charged is imprisonment for life; or

(b) the accused, at any time before the charge against him is referred to higher authority in accordance with rule 11, requires in writing that a summary of evidence be taken; or

(c) the commanding officer is of the opinion that the interests of justice require that a summary of evidence be taken.

(3) Where the evidence taken in accordance with sub-rule (1) discloses an offence other than the offence which is the subject of the investigation, a new charge alleging that offence may be preferred against the accused in addition to, or in substitution for, the original charge and the investigation of the original charge may be treated, for the purposes of these Rules, as the investigation of the added or substituted charge.

(4) Where a civilian, to whom Parts III and IV of the Act are applied by article 179 of the Act, is charged with an offence with which an appropriate authority can deal summarily, it shall not be necessary for his commanding officer to read the charge to the accused; but it shall be a sufficient compliance with the provisions of this rule if his commanding officer causes to be delivered to the accused a copy of the charge and of the abstract of evidence and considers them together with any statement made by the accused under rule 9(2).