Judge Advocate Sitting Alone

(1) Where there is a judge advocate and– (a) an accused before pleading to a charge offers a plea in bar of trial; or (b) during the course of a trial any questions as to the admissibility of evidence arises; or 73 (c) during a joint trial an application is made by any of the accused for a separate trial; or (d) an application is made by an accused that a charge should be tried separately; or (e) an application is made by a party calling a witness for permission to treat that witness as hostile; or (f) a submission is made to the court in respect of any charge that the prosecution has failed to establish a prima facie case for him to answer, the president may direct that the point at issue shall be determined by the judge advocate in the absence of the president and the members of the court and of any officer under instruction. Where the president so directs, he, the members of the court and any officer under instruction shall withdraw from (2) The judge advocate shall, when the president and members of the court and any officer under instruction have withdrawn in accordance with paragraph (1) of this rule, hear the arguments and evidence relevant to the point at issue and shall give his ruling upon this point and such reasons therefor as he may consider necessary. After the judge advocate has given his ruling, the president and members of the court and any officer under instruction shall return to the court room and the judge advocate shall announce his ruling to them and the court shall follow his ruling. (3) When a judge advocate sits alone in accordance with this rule the proceedings before him shall form part of the proceedings of the court, and sections 93, 94(1) and (2), 95, 99, 100 to 102 of the Act and rules 27, 44 to 49, 69, 70, 76 to 78, 81 to 85, 88, 89, 95 and 100 shall apply to proceedings before the judge advocate sitting alone as they apply to proceedings before the president and members of the court, and anything which is authorised by those sections and those rules to be done by the court or by the president may be done by the judge advocate when sitting alone. (4) When a judge advocate is sitting alone in accordance with this rule and a person subject to military law commits an offence against section 53(1) of the Act, the judge advocate shall report the occurrence to the president who shall take such action as he considers appropriate. (5) The judge advocate shall be responsible for ensuring that the president and members do not see the record of the proceedings before the judge advocate when sitting alone until after the court has announced its finding.