Rules of Procedure

(1) The Security Services Commission may make rules (in this Act referred to as Rules of Procedure) with respect to the investigation and trial of, and awards of punishment for, offences cognizable by courts martial, and with respect to the confirmation and revision of findings and sentences of courts (2) Without prejudice to the generality of sub-section (1), Rules of Procedure may make provision with respect to all or any of the following matters71 (i) the taking of evidence (whether orally or in writing, whether or not on oath and whether in full or in summary or abstract form) for the purpose of investigating such charges as a preliminary to the trial thereof by court martial, so however that the rules shall make for the application of section 79, in any case where the accused requires that evidence shall be taken on oath; (ii) the addition to, or substitution for, a charge which has been investigated of a new charge for an offence disclosed by evidence taken on the investigation as the investigation of the new charge; (iii) the convening and constitution of (iv) the adjournment and (v) the procedure to be observed in trials by courts martial; (vi) the representation of the accused at such trials; (vii) procuring the attendance of witnesses before courts martial and at the taking of evidence in pursuance of rules made under paragraph (i); (viii) empowering a court martial or the convening officer, in such cases and to such extent as may be prescribed, to 72 amend a charge which is being tried by the court; (ix) empowering a court martial, where the particulars proved or admitted at the trial differ from those alleged in the charge, but are sufficient to support a finding of guilty of the like offence as that charged, to make a finding of guilty to exceptions or variations specified in the finding, if it appears to the court that the difference is not so material as to have prejudiced the accused in his defence; (x) the forms of orders and other documents to be made for the purposes of any provision of this Part or the rules to the investigation or trial of, or award of punishment for, offences cognizable by courts martial, or the confirmation and revision of the findings and sentences of courts martial. (3) Rules made by virtue of paragraph (viii) of sub-section (2), shall secure that the power to amend charges shall not be exercisable in circumstances substantially different from those in which indictments are amendable by the Supreme Court of Belize, or otherwise than subject to the like conditions, as nearly as circumstances admit, as those subject to which indictments are so amendable, and shall not be exercisable by a court martial (otherwise than for the purpose only of correcting a mistake in the name or description of the accused or a clerical error or omission) unless there is a judge advocate present at the trial. (4) Rules of Procedure may make provision as to the exercise by a judge advocate of his functions at a trial by court martial, and without prejudice to the generality of the foregoing provision, may make provision– (i) as to the effect of advice or rulings given to the court by a judge advocate on questions of law; (ii) for requiring or authorising the president of a court martial, in such cases as may be specified in the Rules, to direct that questions of law shall be determined by a judge advocate in the absence of the president and other members of the court and any officers under instruction, and for applying to the and his on any such determination such of the provisions of this Act relating to the court or its members and the proceedings thereof as may be specified in the Rules. (5) In sub-section (4), references to questions of law include references to questions of joinder of charges and as to the trial of persons jointly or separately.