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The Courts-Martial (Army) Rules 1997

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Periodic review of arrest

85.—(1) In this rule, the “8 day report” means a report made in accordance with section 75(2) of the Act and this rule.

(2) The 8 day report on the necessity for further delay under section 75(2) shall be made to the person immediately superior in command on disciplinary matters to the commanding officer making the report.

(3) The 8 day report shall be made in writing and shall contain the following particulars—

(a)the name, service number, rank and unit of the person under arrest;

(b)the date upon which he was taken into arrest;

(c)whether he is in open or close arrest;

(d)the allegations against him which are being investigated;

(e)the reason why it is considered necessary to retain him in arrest;

(f)the reason why it is considered necessary to delay the convening of the court-martial for his trial; and

(g)where an allegation against him has been reported in the form of a charge to his commanding officer, the date on which that charge was reported.

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