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The Courts-Martial (Army) Rules 1997

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3.  Where the specific offence with which an accused person is charged in a charge sheet is one created by or under an enactment, then (without prejudice to the generality of paragraph 2 of this Part)—

(a)the statement of offence shall contain a reference to—

(i)the section of, or the paragraph of the Schedule to, the Act creating the offence in the case of an offence created by a provision of an Act;

(ii)the provision creating the offence in the case of an offence created by a provision of a subordinate instrument;

(b)the particulars shall disclose the essential elements of the offence:

  • Provided that an essential element need not be disclosed if the accused person is not prejudiced or embarrassed in his defence by the failure to disclose it;

(c)it shall not be necessary to specify or negative an exception, exemption, proviso, excuse or qualification.

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