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The Armed Forces (Summary Hearing and Activation of Suspended Sentences of Service Detention) Rules 2009

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Evidence adduced by the commanding officer

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15.  (1)  Subject to paragraph (2), the commanding officer may not adduce the evidence of a witness unless—

(a)that witness has made a written statement;

(b)a copy of the statement has been provided to the accused in accordance with rule 8(1)(c)(iii); and

(c)where the witness is to produce an exhibit, the commanding officer has complied with rules 8(1)(c)(iv) and (vii).

(2) Where evidence given or adduced by the accused gives rise to an issue of fact—

(a)which could not have been foreseen by the commanding officer, and

(b)in relation to which no witness whose evidence may be adduced under paragraph (1) can give evidence,

the commanding officer may adduce the evidence of a witness who can give evidence in relation to the issue.

(3) Where the commanding officer adduces the evidence of a witness—

(a)if the witness has made a statement it shall be read to the accused by the commanding officer or a person authorised by him;

(b)the commanding officer may question the witness before giving the accused an opportunity to do so;

(c)the commanding officer shall give the accused an opportunity to question the witness;

(d)the commanding officer may question the witness after the accused has had the opportunity to do so.

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