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Section 172: Rights of accused to prepare defence

Regulations for the Navy Part IICentral Regulations · 1957

(1) An accused for whose trial an application has been made shall be afforded as full an opportunity as is consistent with the exigencies of the service for preparing his defense.

(2) Any correspondence between the accused and his legal advisers shall not be liable to be censored, and the accused shall inform the Commanding Officer of the names of such persons and shall also inform him of any distinctive marks that such correspondence will bear.

(3) The accused shall have the right to interview any witness whom he may wish to call in his defence.

(4) If the accused so desires, the Commanding Officer of the accused shall take such steps as the circumstances of the case permit to obtain a written statement in a closed envelope from a witness whom the accused may wish to call in his defence and such statement shall be given to the accused unopened.

(5) If the accused gives to his Commanding Officer the name of any person whom he wishes to call in his defence, no person shall interview such witness with reference to the charges against the accused except in the presence of the accused, unless the accused agrees to dispense with his presence in writing and if the accused wishes to interview a witness whom the prosecutor intends to call, the interview shall be in the presence of an officer detailed by the Commanding Officer of the accused person.

173. Defence Officer and defence counsel: (1) Except where the accused defends himself, he may be defended by an officer who shall be called the defending officer or counsel who is properly qualified who shall be called the defence counsel.

(2) A counsel shall be deemed to be properly qualified, if he is an advocate within the meaning of the Advocate Act, 1961 (25 of 1961).

(3) The accused may request and shall be afforded at the earliest opportunity the assistance of any officer in his ship whose assistance is reasonably available and in case the accused is unable to obtain such assistance and he desires to have a defending officer assigned to represent him, the convening authority shall appoint a suitable officer.

DUTIES OF THE PRESIDENT

Where this provision sits

ActRegulations for the Navy Part II
Section172
Marginal noteRights of accused to prepare defence
JurisdictionCentral
StatusIn force as published by the source

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