No. 2.-District. Form of Order for the Assembly of a District Court-Martial. orders by commanding on The detail of officers as mentioned below will assemble at for the purpose of trying by district court-martial the accused person [persons] named in the margin [and such other person or persons as may be brought before them.] PRESIDENT. is appointed president.§ MEMBERS. App. II The accused will be warned and all witnesses duly required to attend. The proceedings will be forwarded to Signed this day of By Order, A.B. Note.These members and the waiting members (if any) may be mentioned by name, or the number mode of appoint Any opinion of the convening officer with respect to the composi- and ranks tion of the Court (see Rules of Procedure 20 and 21) should be added and the here, thus: "In the opinion of the convening officer, officers of different ment may corps are not, having due regard to the public service, available,” or as the case may be. » alone be named. § If the president is under the rank of field officer, and the convening officer is not under that rank, after the words "appointed president," add "In the opinion of the convening officer a field "officer is not, having due regard to the public service, available," and if the president is under the rank of captain, add "In the opinion "of the convening officer a captain is not, having due regard to the public service, available." If a judge-advocate is appointed, his appointment will be notified or made in the same manner as in the Form of Order for the assembly of a general court-martial. No. 3.-Regimental, Form of Order for the Assembly of a Regimental Court-Martial. on The officers mentioned below will assemble at for the purpose of trying by regimental court-martial the accused person [persons] named in the margin [and such other person or persons as may be brought before them]. PRESIDENT. is appointed president.¶ MEMBERS. App. II. The accused will be warned and all witnesses duly required to attend. The proceedings will be forwarded to Signed this day of By Order, A.B. If the president is under the rank of captain, after the words "appointed president," add "the court-martial being held on the "line of march," or "the court-martial being held on board the commissioned by His Majesty," or "in "the opinion of the convening officer a captain is not, having due "regard to the public service, available." , a ship * If the ship is not His Majesty's ship insert "not.” No. 4.-Field General. No. 5. Declaration for Suspension of Rules. Form of Declaration of Military Exigencies or the Necessities of In my opinion [*military exigencies, namely (state them)] render [or the ne- it [timpossible] to observe the provisions of rules‡ discipline.] on the trial of cessities of [or inex- pursuant to the order of the pedient.] I State the rule or rules which cannot be observed. (See Rule 104.) Signed at by of this court-martial assembled day of A.B. [Instruction. This declaration must be signed by the officer whose opinion is given, and will be annexed to the proceedings.] ". Army Form A. 9. FORM OF PROCEEDINGS OF COURTS-MARTIAL. Form of Proceedings of a General Court-Martial (including some of the incidents which may occur to vary the ordinary course of procedure), with Instructions for the guidance of the Court. PROCEEDINGS OF A GENERAL COURT-MARTIAL, held at At Here insert No., will be used Rank, Name and Box 1188, Johannesbu N.B.-The proper Army Forms, to be obtained from Convening Officers, w in accordance with the instructions. The same Form will be used for district courts-martial, and will apply as early as Regiment, may be, with the substitution of "district" for "general," and with the omission, and appointwhere there is no Judge-Avocate, of all reference to the Judge-Advocate. ment (if For regimental courts-martial an Army Form will be used similar to the Form any). for a general court-martial, with the substitution of “regimental" for “general," and with the omission of all reference to the Judge-Advocate. (1.) The order convening the Court is read, and [a copy thereof] is marked , signed by the president, and attached to the proceedings. The charge-sheet and the summary [or abstract] of evidence are laid before the Court. [Instruction.-All documents relating to the Court, or the matters before it, which are intended to form part of the proceedings (such as an order respecting military exigencies, or a letter answering any question referred to the convening officer) at whatever period of the trial they are received should be read in open Court, marked so as to identify them, signed by the president, and attached to the proceedings.] Note: Before certifying that the Court have satisfied themselves as provided by Rules 22 and 23, the President will, in every case where a Court of Inquiry has been held respecting a matter upon which a charge against the accused is founded, insert an asterisk after the words "Rules of Procedure 22 and 23," and enter in red ink and sign a footnote at the bottom of the first page of the proceedings, to the following effect : "I have compared the names of the officers who served upon the Court of "Inquiry respecting the matter on which the (first) charge against the "accused has been founded, with those of the officers detailed to serve on this Court"Martial. "(Signature of President.)" The Court satisfy themselves as provided by Rules of Procedure 22 and 23. (2.)+ appears as prosecutor, and takes his place. ↑ Here state Rank and Name, and The above-named person to be tried is brought before the Court. Regiment (if VARIATION. appears as counsel for the prosecutor. appears to assist [or as counsel for] the accused. The names of the president and members of the Court are read over in the hearing of the accused, and they severally answer to their names. any). Do you object to be tried by me as president, or by any of the Question by officers whose names you have heard read over ? No. [Instruction. The questions are to be numbered throughout consecutively in a single series. The letters Q. and A. in the margin may stand for Question and Answer respectively.] VARIATIONS. CHALLENGING OFFICERS. Answer.-I object to Question to Accused.-Do you object to any other person? (This question must be repeated until all the objections are ascertained.) [If the president is objected to, that objection will be dealt with first, 2 N the President Answer by App. II. • Fasert Rank, and Regi- Objection to the President. your objection to me as president? Question to accused.-What Answer by accused. The accused, in support of his objection to the president, requests permission to give evidence himself and [or] to call &c., &c. The accused gives evidence himself and [or] called into Court, and is questioned by the accused. The Court is closed to consider the objection. Decision.-The Court disallow the objection. is The Court is re-opened, and the above decision is made known to the accused. от Decision. The Court allow the objection. The Court is re-opened, and the above decision is made known to the accused, and the Court adjourn. The Court is re-opened, and the above decision is made known to the accused. or, Decision. The Court allow the objection. The Court is re-opened, and the above decision is made known to the accused. Fresh Member.—* the Court. retires. takes his place as a member of He appears to the Court to be eligible and not disqualified to serve on this Court-Martial. Question to accused-Do you object to be tried by (the fresh member)? Question to accused.-What is your objection to (the junior of the officers objected to)? manner as the (This objection will be dealt with in the same manner as the former objection.) The Court adjourn for the purpose of fresh members being appointed. At o'clock on or, The Court is of opinion that, in the interests of justice, and for the [Instruction. The procedure as to challenging a new president and The president and members of the Court, as constituted after the above proceedings, are as follows: Rank. PRESIDENT. Name. Regimen. Rank. MEMBERS. Regiment. App. II. The President, Members, and Judge-Advocate are duly sworn (also any officer under instruction). [Instruction.-1. The witnesses if in Court, other than the prosecutor and the accused, should be ordered out of the Court at this stage of the proceedings. 2. Also any interpreter and short-hand writer should be now sworn. Do you object to as interpreter ? Question to accused. A. [Instruction. In case of objection the same procedure will be followed as in the case of an objection to a member of the Court.] Do you object to as short-hand writer? Q. [Instruction-In case of objection the same procedure will be followed as in the case of an objection to a member of the Court.] CHARGE-SHEET. (8.) The charge-sheet is signed by the president, marked and annexed to the proceedings. VARIATION. If the accused has elected to be tried instead of being dealt with The prosecutor informs the Court that the accused has elected to be The accused is arraigned upon each charge in the above-mentioned charge-sheet. 4. Charge sheet. Are you guilty or not guilty of the [first] charge against you, Question to which you have heard read? [Instruction. Where there is more than one charge the foregoing question will be asked after each charge is read, the number of the charge being stated.] [Instruction--If the accused pleads guilty to any charge, the provisions of Rule 35 (B) must be complied with, and the fact that they have been complied with must be recorded.] VARIATIONS. The accused objects to the charge. What is your objection? accused. 4. Question to accusel. 4. The Court is closed to consider their decision. The Court disallow the objection [or, the Court allow the objection, Decision. and agree to report to the convening officer). The Court is re-opened, and the above decision is read to the accused. The Court proceed to the trial [or adjourn]. The accused pleads to the general jurisdiction of the Court. Plea to jurisdiction. Question to accused. |