The Armed Forces (Summary Hearing and Activation of Suspended Sentences of Service Detention) Rules 2009

Evidence adduced by the accused

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17.—(1) Where the time fixed for the hearing is 48 hours or more after the commanding officer has complied with rule 8(1) the accused may not adduce the evidence of a witness unless—

(a)he has notified the commanding officer not less than 24 hours before the hearing that he wishes to adduce the evidence of the witness; or

(b)he has the permission of the commanding officer.

(2) Where the accused adduces the evidence of a witness—

(a)such evidence may be given orally or in writing;

(b)if the witness gives evidence in writing—

(i)his evidence shall be read to the commanding officer by the accused or his accused’s assisting officer; and

(ii)the accused shall provide the commanding officer with a copy of the evidence;

(c)the commanding officer shall give the accused an opportunity to question the witness; and

(d)the commanding officer may question the witness after the accused has had the opportunity to do so.