Court martial legal representation explained: defending officer, friend of the accused, counsel, SCM legal adviser, preparation rights, denial, prejudice and AFT remedy.
Read MoreA practical guide to Army Rules 28–32 on court-martial charge-sheets: identity and jurisdiction, one offence per charge, particulars, CO signature, defects, prejudice and defence strategy.
Read MoreA comprehensive guide to Army Rule 27, Sections 101–103 of the Army Act, eight-day custody reports, the forty-eighth-day DJAG requirement, sanction beyond two months and approval beyond three months.
Read MoreA detailed guide to Army Rule 26 governing summary disposal of charges against officers, JCOs and warrant officers, including the mandatory 24-hour notice, witness attendance, cross-examination, defence evidence and review.
Read MoreA practical guide to Army Rule 23 and the Summary of Evidence procedure, including cross-examination, the accused’s statement, defence witnesses, interpreters, written statements and court-martial remedies.
Read MoreArmy Rule 22 governs the hearing of charge by the Commanding Officer before further disciplinary action. This guide explains the accused’s rights, the Rule 180 exception, Summary of Evidence linkage and AFT consequences.
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Army Rule 51 allows an accused, before pleading to the charge, to offer a special plea to the general jurisdiction of the Court-Martial. If the Court considers that the plea shows lack of jurisdiction, it must receive evidence in support of the plea, evidence from the prosecution in disproof or qualification, and hear addresses from...
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Army Rule 37 deals with the convening of General and District Courts-Martial. Before convening a General or District Court-Martial, the competent officer must first satisfy himself that the charges are offences within the meaning of the Army Act and that the evidence justifies a trial on those charges. If he is not so satisfied, he...
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Army Rule 24 deals with the remand of accused after the Summary of Evidence is recorded under Army Rule 23. The Summary of Evidence must be considered by the Commanding Officer, who then has three broad options: remand the accused for trial by court martial, refer the case to the proper superior military authority, or,...
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Army Rule 180 protects a person subject to the Army Act when a Court of Inquiry affects his character or military reputation. In such a case, the affected person must be given full opportunity to remain present throughout the inquiry, make a statement, give evidence, cross-examine witnesses whose evidence affects his character or military reputation,...
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