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The Courts-Martial (Army) Rules 1997

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Witness summons

23.—(1) Where any person is required to give evidence at—

(a)a formal preliminary examination;

(b)any preliminary proceedings;

(c)a court-martial;

the court administration officer may summon the witness by issuing a witness summons in the form set out in Schedule 2 to these Rules.

(2) Where any person is required to give evidence at a court-martial, the judge advocate may, after the commencement of the trial, issue a witness summons.

(3) A witness summons shall be served on the witness—

(a)by delivering it to him personally;

(b)by leaving it for him with a person at the witness’s usual place of abode;

(c)by post in a letter addressed to him at his last known or usual place of abode; or

(d)where the witness is subject to military law, air force law or the Naval Discipline Act 1957(1), through his commanding officer.

(4) Where any person is served with a witness summons in accordance with this rule, there shall be paid or tendered to him at that time any expenses which by regulations made by the Defence Council are payable to a witness in respect of his attendance.

(5) For the purposes of paragraph (4) above—

(a)the tender of a warrant or voucher entitling the person to travel free of charge shall constitute tender of his expenses in respect of any travelling required; and

(b)the tender of a written undertaking by the court administration officer or the president of the court-martial to defray any other expenses payable under the regulations shall constitute tender in respect of those expenses.

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