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S.L. 220.4 · Rules Of Procedure (S.L. 220.4)

S.L. 220.4 Art. 76Counsel.

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(1) Subject to these Rules the following persons shall be allowed to appear as counsel at a court-martial:

(a) every person who is qualified as advocate or a legal procurator according to the law of Malta; and

(b) with the consent of the convening officer, any person who is recognised by him as having in any Commonwealth country or territory outside Malta rights and duties similar to those of an advocate or legal procurator in Malta, and as being subject to punishment or disability for a breach of professional rules.

(2) Any right granted by these Rules to the accused at a court-martial to call or examine witnesses or to address the court, any right of the accused to object to the admissibility of evidence at a court-martial and any right granted to the accused by rules 23 (1)(e), (g) and (h), 25, 29, 34, 35, 36, 37, 38, 45, 55, 69, 77(2), 89 and 91(2) may be exercised by his defending officer or his counsel on his behalf, and any reference in these Rules to any address, request, application, claim, submission, objection or plea to the jurisdiction or in bar of trial made, taken or offered at a court-martial by the accused shall be construed as including any address, request, application, claim, submission, objection or plea to the jurisdiction or in bar of trial made, taken or offered at a court-martial by his defending officer or counsel on his behalf.

(3) If the accused is to be defended at his court-martial by counsel not nominated by the convening officer, the accused shall give the convening officer notice of the fact not less than twenty-four hours before his trial.

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