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The Courts-Martial (Army) Rules 1997

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Amending charges and additional charges before trial

14.—(1) If before the commencement of the trial of a charge the prosecutor—

(a)amends, or substitutes another charge or charges for, that charge;

(b)prefers an additional charge against the accused and directs that the additional charge shall be tried at the same court-martial trial as the original charge,

he shall serve notice on the accused and the court administration officer.

(2) Except with the consent of the accused, notice under paragraph (1) above shall not be served less than 24 hours before the time appointed for the trial of the original charge.

(3) Where the prosecutor is required to serve notice on the accused in accordance with this rule, he shall do so by sending to the commanding officer of the accused or, with the consent of the accused, by serving directly on the accused—

(a)a copy of the amended charge sheet;

(b)any papers which are required to be added to the prosecution papers as a result of amending the charge sheet; and

(c)where in the opinion of the prosecutor it is necessary, a statement explaining the effect of section 11 of the Criminal Justice Act 1967 and a form for the accused’s notice of alibi.

(4) Where any document is received by the commanding officer in accordance with paragraph (3) above, he shall serve it on the accused as soon as is practicable.

(5) Where the prosecutor is required to serve notice on the court administration officer in accordance with this rule, he shall do so by sending to the court administration officer or, if less than 24 hours before the time appointed for the trial of the original charge, the judge advocate—

(a)a copy of the amended charge sheet; and

(b)any papers which are required to be added to the prosecution papers as a result of amending the charge sheet.

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