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Section 149: Procedure for investigation and taking down summary of evidence

Regulations for the Navy Part IICentral Regulations · 1957

(1) Before a Commanding Officer proceeds to make an application for trial by court martial he shall either investigate the case himself or appoint a suitable person to investigate the case and to record a summary of evidence.

(2) The investigating officer shall take down in writing the evidence of any person whose appears to be relevant and the evidence of each witness after it has been recorded shall be read over to him and shall be signed by him or if he cannot write, his name shall be attested by his mark and witnessed by the investigating officer as a token of the correctness of the evidence recorded.

(3) The evidence of the witness shall be recorded in the English language and if the witness does not understand the English language, the statement as recorded shall be interpreted to him in the language, which he understands and a notation shall be made to the effect.

(4) If owing to the exigencies of service or any other grounds including the expense and the loss of time involved the attendance of any witness cannot in the opinion of the investigating officer be readily procured, some other officer may be directed by the Commanding Officer to take the evidence of the witness, or a written statement of the witness relating to the charge shall be obtained and such statement shall be included in the summary of evidence.

Where this provision sits

ActRegulations for the Navy Part II
Section149
Marginal noteProcedure for investigation and taking down summary of evidence
JurisdictionCentral
StatusIn force as published by the source

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