Cap. 220 ст. 107Rules of Procedure.

(1) Subject to the provisions of this article, the Minister may make rules (hereinafter referred to as Rules of Procedure) with respect to the procedure to be observed in, and any other matter relating to, the investigation and trial of, and awarding of punishment for, offences cognizable by courts-martial, commanding officers and appropriate superior authorities and the confirmation and revision of, and the appeals from, finding and sentences of courts-martial, as well as with respect to any matter which by Part III or by this Part of this Act is required or authorised to be prescribed: Provided that where the rules provide for the power to amend charges the rules shall secure that the accused shall not be thereby prejudiced in his defence and the power aforesaid shall not be exercisable by a court-martial (otherwise than for the purpose only of correcting a mistake in the name or description of the accused or a clerical error or omission) unless there is a judge advocate present at the trial.

(2) Rules of Procedure may further make provision as to the exercise by a judge advocate of his functions at a trial by court-martial and, without prejudice to the generality of the foregoing provisions of this sub-article, may make provision -

(a) as to the effect of advice or rulings given to the court by a judge advocate on questions of law (which expression in this sub-article includes questions as to the joinder of charges and as to the trial of persons jointly or separately);

(b) for requiring or authorising the president of a court-martial, in such cases as may be specified in the rules, to direct that questions of law shall be determined by a judge advocate in the absence of the president and other members of the court and any officers under instruction, and for applying to the judge advocate and his proceedings on any such determination such of the provisions of this Act relating to the court or its members and the proceedings thereof as may be specified in the rules.

(3) Rules of Procedure may determine the cases in which and the extent to which courts-martial may, in sentencing the accused for any offence for which he is convicted, at the request of the accused take into consideration other offences against this Act committed by him, and empower the court, in such cases, to direct the making of such deductions from the offender’s pay as the court would have had the power to direct if he had been found guilty of the offence or offences taken into consideration as well as of the offence of which he was in fact found guilty.

(4) The provisions of article 4(4) and (5) shall apply to rules made under this article as they apply to regulations or orders made under that article with the substitution of references to Rules of Procedure for references to regulations or orders made under the said article.

Confirmation, revision and review of proceedings of courts-martial