The Courts-Martial (Army) Rules 2007

Amending charges and additional charges before arraignment

This section has no associated Explanatory Memorandum

17.—(1) If before the arraignment of the accused the prosecuting authority—

(a)amends, or substitutes another charge or charges for, that charge;

(b)prefers an additional charge against the accused and directs that the additional charge shall be arraigned at the same time as the original charge,

he shall serve notice on the accused and the court administration officer.

(2) Except with the consent of the accused, notice under paragraph (1) shall not be served less than 24 hours before the time appointed for the arraignment of the accused on the original charge.

(3) Where the prosecuting authority is required to serve notice on the accused in accordance with this rule, he shall do so by sending to the accused’s commanding officer or, with the consent of the accused, by serving directly on the accused—

(a)a copy of the amended charge sheet; and

(b)any papers which are required to be added to the prosecution papers as a result of amending the charge sheet.

(4) Where any document is received by the commanding officer in accordance with paragraph (3), he shall serve it on the accused as soon as is practicable.

(5) Where the prosecuting authority is required to serve notice on the court administration officer in accordance with this rule, he shall do so by sending to the court administration officer or, if less than 24 hours before the time appointed for the arraignment of the accused on the original charge, the judge advocate—

(a)a copy of the amended charge sheet; and

(b)any papers which are required to be added to the prosecution papers as a result of amending the charge sheet.