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Section 153: Application for trial

Regulations for the Navy Part IICentral Regulations · 1957

Circumstantial letter:- (1) An application for the trial by court martial of any person shall be made as follows:- There shall be forwarded to the convening authority through the usual channels a letter, here in after called the circumstantial letter, reporting the circumstances on which the charge or charges are founded in the order of their occurrence, and in sufficient detail to show the real nature and extent of the offence; when words constitute the substance of the offence, they are to be fully and exactly set out. The letter shall not refer in any way to the previous character, conduct or conviction of the accused, or contain any reference to facts prejudicial to him other than such as bear directly on the charges.

(2) When a charge is drawn under section 55 the circumstantial letter shall contain specific details of every respect in which it is alleged that the accused was at fault.

(3) Any statement made by the accused in the course of enquiries or during an investigation or after he had been charged shall not be included in the circumstantial letter unless it constitutes an essential part of the alleged offence, such as in a charge of perjury and such statement shall be forwarded as an annexure to the circumstantial letter in a separate document and reference shall be made in the circumstantial letter itself to the fact that such statement was made and to its inclusion in the annexure.

(4) If the Commanding Officer should desire to enter into further explanations as to his reasons for asking for a court martial which would necessarily refer to the previous conduct or antecedent of the accused he shall do so orally or by separate letter to the convening authority.

Where this provision sits

ActRegulations for the Navy Part II
Section153
Marginal noteApplication for trial
JurisdictionCentral
StatusIn force as published by the source

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