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The Armed Forces (Custody Proceedings) Rules 2009

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Notification that accused is being kept in custody after charge

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25.—(1) Where a person (“the accused”) is kept in custody after being charged, the commanding officer, or someone acting on his behalf, shall as soon as practicable—

(a)notify the court administration officer of that fact and the necessary information; and

(b)inform the accused in writing that he is to be brought before a judge advocate as soon as practicable and of the information specified in paragraph (2).

(2) The necessary information to be notified under paragraph (1) is—

(a)the name, rank, appointment and location of the commanding officer;

(b)the name, date of birth and location of the accused and, where applicable, his rank or rate, service number and unit;

(c)the name and address of the accused’s legal representative, if known;

(d)the charge or charges;

(e)the date and time that the accused was charged;

(f)the commanding officer’s reasons for believing that the continued keeping of the accused in custody is justified; and

(g)if he considers it necessary, any requirements that the commanding officer believes that the judge advocate should impose under section 107(3) of the Act.

(3) For the purposes of this rule, a person is to be treated as charged with an offence when a charge is brought under section 120(2) or 122(1).

(4) On receipt of such notification, the court administration officer shall arrange a hearing as soon as reasonably practicable.

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