Defence (Procedure) Rules

Cap. 135s04 · Revised Edition 2020 · 95 sections

s. 1Citation
s. 2Definitions
s. 3Interpretation
s. 4Method of Investigating Charges
s. 5Hearing of Evidence by Commanding Officer
s. 6Summary of Evidence
s. 7Abstract of Evidence
s. 8Investigation before Summary Dealing by Commanding Officer
s. 9Reference of Charges to Convening Officer
s. 10Charge-Sheets
s. 11Charges
s. 12Joint Charges
s. 13Construction of Charge-Sheets and Charges
s. 14Action by Convening Officer on Receipt of a Charge
s. 15Duties of Convening Officer when convening Courts-Martial
s. 16Appointment of President and Members
s. 17Officers under Instruction
s. 18Preparation of Defence
s. 19Preliminary Matters to be considered by Court and Beginning of Trial
s. 20Objections to the Court
s. 21Swearing of Court
s. 22Swearing of Judge Advocate
s. 23Swearing of Officers under Instruction
s. 24Appointment and swearing of, and Objection to, Interpreters and Shorthand Writers
s. 25No Right of Objection to Judge Advocate, Prosecutor and Officer under Instruction
s. 26Order of Trials
s. 27Oaths and Solemn Affirmations
s. 28Arraignment of Accused
s. 29Plea to the Jurisdiction of the Court
s. 30Objection to Charge
s. 31Plea in Bar of Trial
s. 32Application by an Accused at a Joint Trial to be Tried Separately
s. 33Application by an Accused at a Trial to have a Charge Trial Separately
s. 34Pleas to the Charge
s. 35Acceptance of Pleas of Guilty
s. 36Pleas on Alternative Charges
s. 37Order of Trial where Pleas of Guilty and Not Guilty
s. 38Procedure on Finding of Guilty after Plea of Guilty
s. 39Changes of Plea
s. 40Application for Adjournment of Trial
s. 41Case for the Prosecution
s. 42Calling of Witnesses whose Evidence is not Contained in Summary or Abstract of Evidence
s. 43Notice to an Accused that a Witness will not be called by the Prosecutor
s. 44Swearing of Witnesses
s. 45Exclusion of Witnesses from Court
s. 46Examination of Witnesses
s. 47Examination of Witnesses by Court
s. 48Reading Back of Evidence to Witnesses
s. 49Calling of Witnesses by Court and Recalling of Witnesses
s. 50Submission of No Case to Answer and Power of Court to Stop a Case
s. 51Explanation to Accused of his Rights when Making his Defence
s. 52Evidence for the Defence
s. 53Evidence in Rebuttal
s. 54Closing Addresses
s. 55Handing in of a Written Statement by the Accused
s. 56Summing Up by Judge Advocate
s. 57Deliberation on Finding on the Charge
s. 58Expressions of Opinions, and Form of Finding
s. 59Announcement of Finding
s. 60Completion of Procedure on Plea of Guilty before Deliberation on Sentence
s. 61Trial of charges in Other Charge-sheet before Deliberation on Sentence
s. 62Release of Accused
s. 63Accused’s Record and Plea in Mitigation
s. 64Persons Entitled to be Present during Deliberation on Sentence
s. 65Sentence and Recommendation to Mercy
s. 66Postponement of deliberation on Sentence
s. 67Announcement of Sentence and Conclusion of Trial
s. 68General duties of the President
s. 69General duties of Prosecutor and Defending Officer or Attorney-at Law
s. 70Attorney-at-Law
s. 71General Duties of the Judge Advocate
s. 72Judge Advocate Sitting Alone
s. 73Withdrawal of Charge-Sheets and Charges
s. 74Amendment of Charge-Sheets and Charges by the Court
s. 75Amendment of Charges by Convening Officer
s. 76Sitting of the Court
s. 77Adjournment
s. 78View by Court
s. 79Absence of President, Members or Judge Advocate
s. 80Unfitness to Stand trial and Insanity
s. 81Interviewing of Witnesses
s. 82Procuring Attendance of Witnesses
s. 83Record of Proceedings
s. 84Exhibits
s. 85Custody and Inspection of Record of Proceedings during Trial
s. 86Confirmation and Promulgation
s. 87Revision
s. 88Loss of Original Record of Proceedings before Confirmation
s. 89Loss of Original Record of Proceedings after Confirmation
s. 90Custody and Preservation of Proceedings after Confirmation
s. 91Petitions
s. 92Exceptions from Rules on account of the Exigencies of the Service
s. 93Exceptions from Rules in the Interests of Security
s. 94Deviations from the Forms in the Schedules
s. 95Cases Not Covered by Rules