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Contents

Part I GENERAL

Part II CHARGE, CHARGE REPORT AND CHARGE SHEET

Part III AVOIDANCE OF DELAY

Part IV DEALING WITH CHARGES

Part V MISCELLANEOUS

THE SCHEDULE

Legislative History

 
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On 21/05/2013, you requested for the version in force on 21/05/2013 incorporating all amendments published on or before 21/05/2013. The closest version currently available is that of 31/01/2001.
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PART II
CHARGE, CHARGE REPORT AND CHARGE SHEET
Meaning of “charge”
4.  For the purposes of proceedings under the Act and these Regulations, a charge is a formal accusation that a person has committed an offence.
Meaning of “alternative charge”
5.  Charges may be laid in the alternative where the allegations in the particulars are considered capable of supporting a finding of guilty of —
(a)
one of several offences; or
(b)
a particular offence but, failing proof of one or more elements of that offence, another offence,
and only by trial may the actual offence, if any, be determined.
When charge report prepared
6.  Every charge against a person shall initially be recorded on a charge report which shall be —
(a)
in writing; and
(b)
prepared in accordance with these Regulations.
When charge sheet prepared
7.  In addition to any other circumstances in which a charge sheet may be required to be prepared under the Act or any regulations made thereunder a charge sheet shall be prepared in the following circumstances:
(a)
when a charge is referred to a superior commander with a recommendation that the accused be tried by a subordinate military court;
(b)
when a charge is referred to the person appointed under section 82(5)(a) of the Act; and
(c)
when a charge is submitted to the convening authority.
Construction of charge, charge report and charge sheet
8.  In the construction of a charge, charge report or charge sheet there shall be presumed in favour of supporting it every proposition which may reasonably be presumed to be impliedly included, though not expressed in the charge, charge report or charge sheet and the statement of the offence and the particulars of the offence shall be read and construed together.