PART VPROCEEDINGS AT COURT-MARTIAL

Submission of no case to answer56

1

At the close of the case for the prosecution the accused may submit, in respect of any charge, that the prosecution has failed to establish a prima facie case for him to answer and that he should not be called upon to make his defence to that charge.

2

If the submission is allowed, the judge advocate shall direct the court to find the accused not guilty of the charge to which it relates and such finding shall be announced in open court.

3

If the submission is not allowed, the court shall proceed with the trial of the offence as charged.