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The Courts-Martial (Army) Rules 1997

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Referring a case to the prosecuting authority

4.  If the higher authority refers a case in respect of an accused to the prosecuting authority in accordance with section 76A(i) of the Act, he shall forward to the prosecuting authority—

(a)a copy of any report concerning the case prepared by the Royal Military Police or other investigator;

(b)any allegation reported to the commanding officer of the accused in the form of a charge under section 76(1) of the Act and details of any substitution or amendment of that charge under section 76(3) of the Act;

(c)a list of any potential witnesses;

(d)any written statements or written record of evidence of the potential witnesses;

(e)any statements made by the accused including records or transcripts of interviews conducted under caution;

(f)a list of any exhibits;

(g)a copy of any conduct sheets of the accused;

(h)any other information in the possession of the higher authority which may be material to the prosecutor’s consideration of the institution of proceedings.

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