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Definitions

Defence (Procedure) Rules, r. 2 · Revised Edition 2020

(1) In these RulesCAP. 135. “Act” means the Defence Act; “convening a fresh court” includes dissolving the existing court; “member” when used in relation to a court-martial does not include the president; “special finding” means when used in relation to– (a) section 84 of the Act, any finding which a court-martial may make in accordance with that section; (b) section 95 of the Act, a finding in accordance with subsection (2) of that section that the accused is guilty but insane; 29 (c) Rule 58(3), a finding that the accused is guilty of the charge subject to the exception or variation specified in the finding. (2) Other expressions in these Rules have the same meanings as if these Rules formed part of the Act. (3) Any reference in these Rules to an enactment contained in the Act being an enactment amended by another enactment or by an instrument having effect under an enactment, whether passed or made before or after the coming into effect of this paragraph, shall, unless the contrary intention appears, be construed as referring to that enactment as so amended.
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