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The Courts-Martial (Army) Rules 1997

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Formal preliminary examination

5.—(1) Where a case in respect of an accused has been forwarded to the prosecuting authority but he has not preferred any charge, the prosecutor may order an examination under this rule and such an examination shall in these Rules be referred to as a formal preliminary examination.

(2) The order for a formal preliminary examination shall—

(a)appoint the date, time and place at which the formal preliminary examination shall take place;

(b)state the nature of the allegations against the accused;

(c)list the witnesses whom the prosecutor requires to examine orally; and

(d)list the witnesses whose written statements or other record of evidence are to be read out.

(3) The order shall be served on the accused and the court administration officer not less than 24 hours before the time appointed for the formal preliminary examination.

(4) On receipt of the order, the court administration officer—

(a)shall summon to attend the formal preliminary examination—

(i)the witnesses listed in the order whom the prosecutor seeks to examine orally; and

(ii)such additional witnesses as the accused may request;

(b)may arrange for the attendance at the formal preliminary examination of a court recorder and interpreter.

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