Method of Investigating Charges

(1) Subject to paragraph (3) of this rule, when a commanding officer investigates a charge he shall first read and, if necessary, explain the charge to the accused and shall then– (a) hear the evidence himself in accordance with rule 5; or (b) cause the evidence to be reduced to writing, in accordance with paragraph (2) of this rule, and read and consider it, provided that30 (a) notwithstanding that he has heard all or part of the evidence himself, he may cause the evidence to be reduced to writing; (b) after the evidence has been reduced to writing and he has considered it, he may hear evidence in accordance with rule 5; and (c) before he remands an accused for trial by court-martial, he shall cause the evidence to be reduced to writing. (2) Evidence may be reduced to writing in the form of a summary of evidence taken in accordance with rule 6 or an abstract of evidence made in accordance with rule 7, provided that a summary of evidence must be taken if– (a) the maximum punishment for the offence with which the accused is charged is death; or (b) the accused, at any time before the charge against him is referred to the Convening officer in accordance with rule 9 requires in writing that a summary of evidence be taken; or (c) the commanding officer is of the opinion that the interest of justice requires that a summary of evidence be taken. (3) Where the evidence taken in accordance with paragraph (1) of this rule discloses an offence other than the offence which is the subject of the investigation, a new charge alleging that offence may be preferred against the accused in addition to, or in substitution for, the original charge and the investigation of the original charge may be treated, for the purpose of these Rules, as the investigation of the added or substituted charge. 31