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Reference of Charges to Convening Officer

Defence (Procedure) Rules, r. 9 · Revised Edition 2020

(1) When a commanding officer has remanded an accused for trial by court-martial he shall send to the convening officer– (a) a copy of the charge on which the accused is held; (b) a draft charge-sheet containing the charges upon which the considers that the accused should be dealt with summarily or tried by court-martial; (c) the summary or abstract of evidence; (d) a statement of the character and service record of the accused; and (e) a recommendation as to how the charge should be proceeded with. (2) After a commanding officer has referred a charge to the convening officer in accordance with paragraph (1) of this rule he shall not dismiss it unless it has been referred back to him with a direction to dismiss it.
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