RULES OF PROCEDURE ġS.L.220.04 1 
SUBSIDIARY LEGISLATION 220.04 
RULES OF PROCEDURE 
16th October, 1970 
LEGAL NOTICE 97 of 1970, as amended by Legal Notices 39 and 101 of 
1973 and Act X of 2000. 
Title. 1. The title of these Rules is Rules of Procedure. 
Definitions. 2. (1) In these Rules: 
"child" means a person under the age of fourteen years; 
"convening a fresh court" includes dissolving the existing court; 
"member" when used in relation to a court martial does not 
include the president; 
"special finding" means, when used in relation to - 
(a) article 104 of the Act, any finding which a courtmartial 
may make in accordance with that article; 
(b) article 122 of the Act, a finding in accordance with 
sub-article (2) of that article that the accused is not 
guilty by reason of insanity; 
(c) rule 63(3), a finding that the accused is guilty of the 
charge subject to the exception or variation specified 
in the finding; 
Cap. 220. "the Act" means the Malta Armed Forces Act; 
"young person" means a person who has attained the age of 
fourteen years and is under the age of seventeen years. 
(2) Other expressions in these Rules have the same meaning as 
if these Rules formed part of the Act. 
Arrest and Avoidance of Delay 
Avoidance of delay 
by commanding 
officer in 
investigating 
charges. 
3. (1) When a person is detained by military authority in 
arrest, his commanding officer shall, unless it is impracticable, 
within forty-eight hours of becoming aware that he is so detained 
have such person brought before him, inform him of the charge 
against him and begin to investigate it. 
(2) Every case of such a person being detained in arrest 
beyond the period of forty-eight hours referred to in this rule 
without such investigation having begun and the reason therefore 
shall be reported by his commanding officer to higher authority. 
Eight day delay 
reports. 
4. The report required by article 81(2) of the Act with regard 
to the necessity for further delay in bringing an accused to trial 
shall be in the form set out in the First Schedule and shall be signed 
by his commanding officer. The report shall be sent to the officer 
who would be responsible for convening a court-martial for the 
trial of the accused and a copy thereof shall be sent direct to the

2 ġS.L.220.04 RULES OF PROCEDURE 
Attorney General. 
Arrest not to 
exceed 72 days 
without permission 
from higher 
authority. 
5. An accused shall not be held in arrest for more than 
seventy-two consecutive days without a court-martial being 
convened for his trial, unless the officer who would be responsible 
for convening the court-martial directs in writing that he shall not 
be released from arrest. When giving such a direction such officer 
shall state his reasons for giving it. 
Investigation of charges by commanding officer 
Methods of 
investigating 
charges. 
Amended by: 
Act X of 2000. 
6. (1) Subject to sub-rules (3) and (4), when a commanding 
officer investigates a charge he shall first read and, if necessary, 
explain the charge to the accused and shall then - 
(a) hear the evidence himself in accordance with rule 7; or 
(b) cause the evidence to be reduced in writing in 
accordance with sub-rule (2), and read and consider it: 
Provided that: 
(a) notwithstanding that he has heard all or part of the 
evidence himself, he may cause the evidence to be 
reduced to writing; 
(b) after the evidence has been reduced to writing and he 
has considered it, he may himself hear evidence in 
accordance with rule 7; and 
(c) before he submits to higher authority a charge against 
an officer or warrant officer or a civilian to whom 
Parts III and IV of the Act are applied by article 179 of 
the Act or remand a non-commissioned officer or 
soldier for trial by court-martial he shall cause the 
evidence to be reduced to writing. 
(2) Evidence may be reduced to writing in the form of a 
summary of evidence taken in accordance with rule 8 or an abstract 
of evidence made in accordance with rule 9: 
Provided that a summary or evidence must be taken if - 
(a) the maximum punishment for the offence with which 
the accused is charged is imprisonment for life; or 
(b) the accused, at any time before the charge against him 
is referred to higher authority in accordance with rule 
11, requires in writing that a summary of evidence be 
taken; or 
(c) the commanding officer is of the opinion that the 
interests of justice require that a summary of evidence 
be taken. 
(3) Where the evidence taken in accordance with sub-rule (1) 
discloses an offence other than the offence which is the subject of 
the investigation, a new charge alleging that offence may be 
preferred against the accused in addition to, or in substitution for, 
the original charge and the investigation of the original charge may 
be treated, for the purposes of these Rules, as the investigation of 
the added or substituted charge.

RULES OF PROCEDURE ġS.L.220.04 3 
(4) Where a civilian, to whom Parts III and IV of the Act are 
applied by article 179 of the Act, is charged with an offence with 
which an appropriate authority can deal summarily, it shall not be 
necessary for his commanding officer to read the charge to the 
accused; but it shall be a sufficient compliance with the provisions 
of this rule if his commanding officer causes to be delivered to the 
accused a copy of the charge and of the abstract of evidence and 
considers them together with any statement made by the accused 
under rule 9(2). 
Hearing of 
evidence by 
commanding 
officer. 
7. When a commanding officer investigates a charge by 
hearing the evidence himself: 
(a) each prosecution witness shall give his evidence orally 
in the presence of the accused, or the commanding 
officer shall read to the accused a written statement 
made by the witness: 
Provided that a written statement of a prosecution 
witness shall not be used if the accused requires that 
the witness shall give his evidence orally; 
(b) the accused shall be allowed to cross examine any 
prosecution witness; 
(c) the accused may, on his own behalf, give evidence on 
oath or may make a statement without being sworn; 
(d) the accused may call witnesses in his defence, who 
shall give evidence orally and in his presence; 
(e) the evidence shall not be given on oath unless the 
commanding officer so directs or the accused so 
demands; 
(f) if the evidence is given on oath, the commanding 
officer shall, subject to the accused’s rights to make a 
statement without being sworn, administer the oath to 
each witness and to any interpreter in accordance with 
rule 32. 
Summary of 
evidence. 
8. A summary of evidence shall be taken in the following 
manner and shall be in accordance with the form set out in the First 
Schedule: 
(a) it shall be taken in the presence of the accused by the 
commanding officer or by another officer on the 
direction of the commanding officer; 
(b) the prosecution witnesses shall give their evidence 
orally and the accused shall be allowed to crossexamine 
any prosecution witness: 
Provided that, if a person cannot be compelled to 
attend as a prosecution witness or if, owing to the 
exigencies of the service or on other grounds 
(including the expense and loss of time involved), the 
attendance of any prosecution witness cannot, in the 
opinion of the officer taking the summary (to be 
certified by him in writing), be readily procured, a 
written statement of his evidence, purporting to be

4 ġS.L.220.04 RULES OF PROCEDURE 
signed by him, may be read to the accused and 
included in the summary of evidence; but, if such 
witness can be compelled to attend, the accused may 
insist that he shall attend for cross-examination; 
(c) after all the evidence against the accused has been 
given, the accused shall be asked: 
"Do you wish to say anything' You are not 
obliged to do so, but, if you wish, you may give 
evidence on oath, or you may make a statement 
without being sworn. Any evidence you give or 
statement you make will be taken down in writing and 
may be given in evidence." 
Any evidence given or statement made by the 
accused shall be recorded in writing and, immediately 
thereafter, the record of his evidence or statement shall 
be read over to him and corrected where necessary, and 
he shall sign it unless he declines to do so; 
(d) the accused may call witnesses in his defence, who 
shall give their evidence orally; 
(e) neither the accused nor the witnesses for the defence 
shall be subject to cross-examination; 
(f) the evidence of each witness (other than the accused) 
who gives evidence orally shall be recorded in writing 
and, immediately thereafter, the record of his evidence 
shall be read over to him, corrected where necessary 
and signed by him; 
(g) the record of evidence may be in narrative form, save 
that any question put to a witness in cross-examination 
by the accused and the answer thereto, shall be 
recorded verbatim if the accused so requires; 
(h) the oath shall be administered in accordance with rule 
32 by the officer taking the summary of evidence to 
each witness, before he gives his evidence, and to any 
interpreter: 
Provided that, where any child of tender years, 
called as a witness, does not, in opinion of the officer 
taking the summary, understand the nature of an oath, 
his evidence may be received, though not given upon 
oath, if, in the opinion of the officer taking the 
summary, he is possessed of sufficient intelligence to 
justify the reception of the evidence and understands 
the duty of speaking the truth; and 
(i) at the conclusion of the taking of the summary of 
evidence, the officer taking it shall certify thereon that 
he has complied with the provisions of this rule. 
Abstract of 
evidence. 
9. (1) An abstract of evidence shall be made in the following 
way and shall be in accordance with the form set out in the First 
Schedule: 
(a) it shall be made by the commanding officer or by

RULES OF PROCEDURE ġS.L.220.04 5 
another officer on the direction of the commanding 
officer; 
(b) the accused should not be present while the abstract of 
evidence is being made; 
(c) it shall consist of signed statements by such witnesses 
as are necessary to prove the charge: 
Provided that if, in the case of any witness, a 
signed statement is not readily procurable, a precis of 
the evidence to be given by that witness may be 
included instead of a signed statement; and 
(d) an oath shall not be administered to a witness making a 
statement for inclusion in an abstract of evidence, but 
use may be made, where necessary, of sworn 
statements which are already in existence. 
(2) When an abstract of evidence has been made in accordance 
with sub-rule (1), a copy of it shall be handed to the accused and he 
shall then be cautioned in the following terms: 
"This is a copy of the abstract of evidence in your case; you 
are not obliged to say anything with regard to it unless you wish to 
do so, but you should read it and, when you have read it, if you 
wish to say anything, what you say will be taken down in writing 
and may be given in evidence". 
Any statement made by the accused after he has read the 
abstract of evidence shall be taken down in writing and he shall be 
asked to sign it. This statement, and a certificate by the person who 
recorded the statement stating that the accused was duly cautioned 
in accordance with this rule, shall be attached to the abstract of 
evidence and shall thereafter form part of it. This certificate shall 
be in the form set out in the First Schedule. 
Investigation 
before summary 
dealing by 
commanding 
officer. 
10. Before a commanding officer deals summarily with a 
charge after the evidence has been reduced to writing - 
(a) any prosecution witness who has not given his 
evidence orally shall do so if the accused requires it; 
and 
(b) the commanding officer shall give the accused a 
further opportunity to give evidence on oath or to 
make a statement without being sworn and to call 
witnesses in his defence. 
Reference of 
charges to higher 
authority. 
11. (1) When a commanding officer submits to higher 
authority a charge against an officer or warrant officer or a civilian 
to whom Parts III and IV of the Act are applied by article 179 of the 
Act or has remanded a non-commissioned officer or soldier for trial 
by court-martial, he shall send to higher authority - 
(a) a copy of the charge on which the accused is held; 
(b) a draft charge-sheet containing the charges upon which 
the commanding officer considers that the accused 
should be dealt with summarily or tried by courtmartial;

6 ġS.L.220.04 RULES OF PROCEDURE 
(c) the summary or abstract of evidence; 
(d) a statement of the character and service record of the 
accused; and 
(e) a recommendation as to how the charge should be 
proceeded with. 
(2) After a commanding officer has referred a charge to higher 
authority in accordance with sub-rule (1) he shall not dismiss it 
unless it has been referred back to him. 
Preparation of charge sheets and framing of charges 
Charge sheets. 12. (1) A charge sheet shall contain the whole of the issue or 
issues to be tried at one time and may contain more than one charge 
if the charges are founded on the same facts or form or are part of a 
series of offences of the same or similar character: 
Provided that charges under article 50(1)(a), article 
51(1)(a), article 59(a) and (c) (where the charge is connected with a 
charge under either of the before-mentioned paragraphs) or article 
63 of the Act may be included in any charge-sheet, notwithstanding 
that other charges in that charge-sheet are not founded on the same 
facts and do not form or are not part of a series of offences of the 
same or similar character. 
(2) Every charge-sheet shall in its layout follow the 
appropriate illustration given in the Second Schedule. 
(3) The commencement of each charge-sheet shall be in the 
appropriate form set out in the Second Schedule and shall state the 
number, rank, name and unit of the accused and show by the 
description of the accused or directly by an express averment that 
he is subject to military law or otherwise liable to trial by courtmartial. 
Charges. 13. (1) Each charge shall state one offence only. 
(2) Offences may be charged in the alternative in separate 
charges but in no case shall they be charged in the alternative in the 
same charge; when charges are laid in the alternative they should 
be set out in order of gravity commencing with the most serious. 
(3) Each charge shall consist of two parts, namely: 
(a) the statement of the offence; and 
(b) the particulars of the act, neglect or omission 
constituting the offence. 
(4) The statement of an offence, if it is not a civil offence, 
shall be in the appropriate form set out in the Second Schedule; if it 
is a civil offence in such words as sufficiently describe that offence. 
(5) The particulars shall state - 
(a) such circumstances respecting the alleged offence as 
will enable the accused to know every act, neglect or 
omission which it is intended to prove against him as 
constituting the offence; 
(b) when the offence charged is one which can be

RULES OF PROCEDURE ġS.L.220.04 7 
committed either in circumstances involving a higher 
degree of punishment or in circumstances involving a 
less degree of punishment, facts which it is intended to 
prove as rendering the accused liable to the higher 
degree of punishment if convicted; and 
(c) any additional facts which it is intended to prove as 
rendering the accused liable to the punishment of 
stoppages if convicted. 
Joint charges. 14. (1) Any number of accused may be charged in the same 
charge-sheet with offences alleged to have been committed by them 
separately if the acts on which the charges are founded are so 
connected that it is in the interests of justice that they be tried 
together. 
(2) (a) Any number of accused may be charged jointly in one 
charge for an offence alleged to have been committed 
by them jointly. 
(b) Where so charged any one or more of such accused 
may at the same time be charged in the same chargesheet 
with any other offence alleged to have been 
committed by him or them individually or jointly, 
provided that such charges could, if the accused to 
whom they relate had been tried separately, have been 
included under rule 12(1) in the same charge sheet as 
the other charges against him. 
Construction of 
charge-sheets and 
charges. 
15. In the construction of a 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 therein, and the statement of the offence and the 
particulars of the offence shall be read and construed together. 
Action by higher authority on receipt of charge 
Action by higher 
authority on receipt 
of a charge. 
16. When a higher authority receives a charge against an 
accused, he shall, if he does not refer it back to the commanding 
officer or deal summarily with it himself or himself convene a 
court-martial to try the accused, refer the charge either to an 
appropriate superior authority in order that that authority may deal 
summarily with it or to the officer who would be responsible for 
convening the appropriate court-martial to try the accused, and 
shall, when he so refers the charge, send to the appropriate superior 
authority or other officer concerned the documents mentioned in 
rule 11 together with his own recommendation as to how the case 
should be proceeded with. 
Investigation of, and summary dealings with, charges by an 
appropriate superior authority 
Documents to be 
given to officers, 
warrant officers 
and civilians dealt 
with summarily. 
17. An appropriate superior authority shall ensure before 
investigating and dealing summarily with a charge that the accused 
is given, not less than twenty-four hours before the charge is so 
investigated and dealt with, a copy of the charge-sheet containing 
the charge upon which he will be so dealt with and a copy of the 
summary or abstract of evidence.

8 ġS.L.220.04 RULES OF PROCEDURE 
Investigation of 
and summary 
dealing with 
charges against 
officers, warrant 
officers and 
civilians. 
18. When an appropriate superior authority investigates and 
deals summarily with a charge: 
(a) he shall first read the charge to the accused; 
(b) the witnesses against the accused need not give their 
evidence orally if the accused has so agreed in writing, 
but if the accused has not so agreed they shall give 
their evidence orally in his presence and he shall be 
allowed to cross-examine them. If the witnesses 
against the accused do not give their evidence orally 
the appropriate superior authority shall read the 
summary or abstract of evidence to the accused if he 
so requires; 
(c) the accused in his defence may adduce evidence as to 
the facts of the case and as to his character and in 
mitigation of punishment; 
(d) the accused himself may give evidence on oath, make 
a statement without being sworn or hand in a written 
statement; 
(e) each witness who gives evidence shall give it on oath 
and the oath shall be administered by the appropriate 
superior authority to each witness and to any 
interpreter in accordance to rule 32; 
(f) when an appropriate superior authority awards the 
punishment of forfeiture of seniority of rank the award 
shall be in the appropriate form set out in the Fifth 
Schedule; 
(g) a record shall be made of the proceedings in 
accordance with the form set out in the Third 
Schedule. 
Alternative courses 
open to an 
appropriate 
authority. 
19. An appropriate superior authority shall, if an accused 
elects to be tried by court-martial or the appropriate superior 
authority in the course of investigating a charge determines that it 
is desirable that the charge should be tried by court-martial, either 
himself convene the court-martial or refer the charge to higher 
authority in accordance with rule 16. 
Convening of courts-martial 
Duties of 
convening officer 
when convening 
courts-martial. 
20. (1) Subject to sub-rules (2) and (3), when an officer 
convenes a court-martial he shall: 
(a) issue a convening order in the appropriate form set out 
in the Fourth Schedule; 
(b) direct upon what charges the accused is to be tried and 
ensure that the accused has been remanded for trial by 
court-martial upon those charges either by his 
commanding officer or by the appropriate superior 
authority who has investigated them; 
(c) if he is of the opinion that charges should be put in 
separate charge-sheets, so direct and direct the order in 
which they are to be tried;

RULES OF PROCEDURE ġS.L.220.04 9 
(d) direct, if there is more than one accused, whether the 
accused are to be tried jointly or separately; 
(e) appoint the president and members of the court and 
any waiting members in accordance with rule 21; 
(f) if convening - 
(i) a general court-martial; or 
(ii) a district or field general court martial at which 
he considers there should be a judge advocate, 
take the necessary steps to procure the appointment of 
a judge advocate by or on behalf of the Attorney 
General, and failing such appointment, himself appoint 
a suitable person so to act; 
(g) appoint an officer subject to military law or counsel 
assisted by such an officer to prosecute or detail a 
commanding officer to appoint an officer subject to 
military law to prosecute: 
Provided that the convening officer may appoint 
two such officers to prosecute if he thinks fit; 
(h) appoint the date, time and place for the trial; 
(i) send to the president the charge-sheet, the convening 
order and a copy of the summary or abstract of 
evidence from which any evidence which in his 
opinion would be inadmissible under the Act at the 
court-martial has been expurgated; 
(j) send to each member of the court and to each waiting 
member a copy of the charge-sheet; 
(k) send to the prosecutor copies of the charge-sheet and 
convening order and the original summary or abstract 
of evidence together with an unexpurgated copy 
thereof showing the passages (if any) which have been 
expurgated in the copy sent to the president; 
(l) send to the judge advocate (if any) copies of the 
charge-sheet and convening order and an unexpurgated 
copy of the summary or abstract of evidence showing 
the passages (if any) which have been expurgated in 
the copy sent to the president; 
(m) ensure that the accused is given a proper opportunity 
to prepare his defence in accordance with rule 23; and 
(n) take steps in accordance with rule 88 to procure the 
attendance at the court-martial of all witnesses to be 
called for the prosecution and all witnesses whose 
attendance the accused has reasonably requested in 
accordance with rule 23: 
Provided that the convening officer may require 
the accused to defray or to undertake to defray, as the 
convening officer thinks fit, the cost of the attendance 
of a witness whose attendance he has requested and if 
the accused refuses to defray or to undertake to defray, 
as the case may be, such cost, the convening officer

10 ġS.L.220.04 RULES OF PROCEDURE 
shall not be obliged to take any further steps to procure 
the attendance of that witness. 
(2) When an officer convenes a field general court-martial he 
shall not be obliged to comply with sub-rule (1)(g), (i) (in so far as 
it relates to the copy of the summary or abstract of evidence sent to 
the president being expurgated), (j), (k) and (l), if, in his opinion, it 
is impracticable to do so. 
Cap. 9. 
(3) When an officer convenes a court-martial consequent on an 
order for a retrial made under the provisions of the Criminal Code 
as applied by article 116(2) of the Act, by the Court of Criminal 
Appeal -
(a) sub-rule (1)(b) shall not apply but the convening 
officer shall direct that a charge-sheet shall be 
prepared in accordance with the provisions of article 
496 of the said Code and with any directions which 
may have been given by the Court of Criminal Appeal, 
and that the accused shall be tried on the charge in that 
charge sheet; 
(b) when it is proposed to tender any evidence given by 
any witness at the original trial as evidence at the 
retrial in accordance with the provisions of article 
508(6) of the Code aforesaid the convening officer 
shall send to the accused as soon as practicable and in 
any case not less than twenty-four hours before his 
trial and also to the president, the judge advocate (if 
any) and the prosecutor a copy on any such evidence. 
Appointment of 
president and 
members. 
21. The convening officer shall - 
(a) appoint the president of a court-martial by name and 
appoint the members either by name, or by detailing a 
commanding officer to appoint an officer of a 
specified rank; and 
(b) appoint such waiting members as he thinks expedient 
either by name or by detailing a commanding officer to 
appoint an officer of a specified rank. 
Officers under 
instruction. 
22. (1) Subject to rule 78, any officer subject to military law 
may, by direction of the convening officer or at the discretion of the 
president, remain with a court-martial throughout the proceedings 
as an officer under instruction. 
(2) An officer under instruction, although allowed to be present 
in closed court, shall take no part in any of the deliberations or 
decisions of the court. 
Preparation of 
defence. 
23. (1) Subject to sub-rule (2) - 
(a) an accused who has been remanded for trial by courtmartial 
shall be afforded a proper opportunity for 
preparing his defence and shall be allowed proper 
communication with his defending officer or counsel 
and with his witnesses; 
(b) a defending officer or counsel shall be appointed to 
defend an accused who has been remanded for trial by

RULES OF PROCEDURE ġS.L.220.04 11 
court-martial unless the accused states in writing that 
he does not wish an appointment to be made; 
(c) if the prosecution is to be undertaken by a legally 
qualified officer or by counsel, the accused shall be 
notified of this fact in sufficient time to enable him, if 
he so desires and it is practicable, to make 
arrangements for a legally qualified officer or counsel 
to defend him; 
(d) as soon as practicable after an accused has been 
remanded for trial by court-martial and in any case not 
less than twenty-four hours before his trial, he shall be 
given: 
(i) a copy of the charge-sheet; 
(ii) an unexpurgated copy of the summary or 
abstract of evidence showing the passages (if 
any) which have been expurgated in the copy 
sent to the president; 
(iii) notice of any additional evidence which the 
prosecution intends to adduce; and 
(iv) if the accused so requires, a list of the ranks, 
names, and units of the president and members 
who are to form the court and of any waiting 
members; 
(e) when an accused is given a copy of the charge-sheet 
and of the summary or abstract of evidence in 
accordance with this rule, he shall - 
(i) if necessary, have the charge explained to him, 
and 
(ii) be informed that, upon his making a written 
request to his commanding officer not less than 
twenty-four hours before his trial requiring the 
attendance at his trial of any witness (other than 
a witness for the prosecution) whom he desires 
to call in his defence (such witness to be named 
by him), reasonable steps will be taken in 
accordance with these Rules to procure the 
attendance of any such witness at his trial; 
(f) when an accused is served with a copy of a written 
statement which the prosecutor proposes to hand to the 
court and the accused is entitled to require that oral 
evidence shall be given in lieu of such written 
evidence, he shall be informed of his rights to require 
that oral evidence shall be given in lieu of such written 
evidence; 
(g) when it is intended to try two or more accused jointly, 
notice of this fact shall be given to each such accused 
when he is given a copy of the charge-sheet. Any such 
accused may, before trial, by written notice to the 
convening officer, claim to be tried separately on the 
ground that he would be prejudiced in his defence if he 
were not tried separately. In such case the convening

12 ġS.L.220.04 RULES OF PROCEDURE 
officer shall, if he is of the opinion that the interests of 
justice so require, direct that the accused who has so 
claimed shall be tried separately; 
(h) when a charge-sheet contains more than one charge, 
the accused may, before trial, by written notice to the 
convening officer claim to be tried separately on any 
charge in that charge-sheet on the ground that he 
would be prejudiced in his defence if he were not tried 
separately on that charge, and in such case the 
convening officer shall, if he is of the opinion that the 
interests of justice so require, direct that the accused 
shall be tried separately on that charge. 
(2) In the case of a field general court martial the provisions of 
sub-rule (1) need not be complied with so far as it is practicable to 
do so. 
Assembly and swearing of court 
Preliminary 
matters to be 
considered by 
court and 
beginning of trial. 
24. (1) Upon a court-martial assembling, the court shall, 
before beginning the trial, satisfy themselves in closed court: 
(a) that the court has been convened in accordance with 
the Act and these Rules; 
(b) that the court consists of not less than the legal 
minimum of officers; 
(c) that the president and members are of the required 
rank; 
(d) that the president and members have been duly 
appointed and are not disqualified under the Act; 
(e) if there is a judge advocate, that he has been duly 
appointed; 
(f) that the accused appears from the charge sheet to be 
subject to military law or otherwise liable to trial by 
court-martial and to be subject to the jurisdiction of 
the court; and 
(g) that each charge is on its facts correct in law and 
framed in accordance with these Rules. 
(2) (a) Where a vacancy occurs through a member of the court 
being disqualified under the Act or being absent when 
the court assembles, the president may appoint a duly 
qualified waiting member to fill that vacancy. 
(b) The president may, if the interests of justice so require, 
substitute a duly qualified waiting member for a 
member appointed by the convening officer. 
(3) If the court is not satisfied on any of the matters mentioned 
in sub-rule (1), and is not competent to rectify such matter itself 
under the Act or these Rules, it shall, before commencing the trial, 
report to the convening officer thereon. 
(4) When the court has complied with this Rule and is ready to 
proceed with the trial, the president shall open the court and the 
trial shall begin.

RULES OF PROCEDURE ġS.L.220.04 13 
Objections to the 
court. 
25. (1) The order convening the court and the names of the 
officers appointed to try the accused shall be read in the hearing of 
the accused who shall be given an opportunity to object to any of 
those officers in accordance with article 98 of the Act. 
(2) When a court is convened to try more than one accused 
whether separately or jointly, each accused shall be given an 
opportunity to object to any officer of the court in accordance with 
the preceding sub-rule and shall be asked separately whether he has 
any such objection. 
(3) An accused shall state the names of all the officers to 
whom he objects before any objection is disposed of. 
(4) If more than one officer is objected to, the objection to 
each officer shall be disposed of separately and the objection to the 
lowest in rank shall be disposed of first, except where the president 
is objected to, in which case the objection to him shall be disposed 
of before the objection to any other officer. 
(5) An accused may make a statement and call any person to 
make a statement in support of his objection. 
(6) An officer to whom the accused has objected may state in 
open court anything relevant to the accused’s objection whether in 
support or in rebuttal thereof. 
(7) An objection to an officer shall be considered in closed 
court by all the other officers of the court including any officer who 
has been appointed by the president in accordance with sub-rule (9) 
in place of an officer who has retired. 
(8) When an objection to an officer is allowed that officer shall 
forthwith retire and take no further part in the proceedings. 
(9) When an officer objected to (other than the president) 
retires and there is a duly qualified waiting member in attendance, 
the president should immediately appoint him to take place of the 
officer who has retired. 
(10) The court shall satisfy themselves that a waiting member 
who takes the place of a member of the court is of the required rank 
and not disqualified under the Act and shall give the accused an 
opportunity to object to him and shall deal with any such objection 
in accordance with this rule. 
(11) If an objection to the president is allowed the court shall 
report to the convening officer without proceeding further with the 
trial. 
(12) If as the result of the allowance of an objection to a 
member there are insufficient officers available to form a court in 
compliance with the Act the court shall report to the convening 
officer without proceeding further with the trial and the convening 
officer may either appoint an officer as a member to fill the 
vacancy or convene a fresh court to try the accused. 
Swearing of court. 26. (1) Immediately after rule 25 has been complied with, an 
oath shall be administered to the president an each member of the 
court in accordance with rule 32 and in the presence of the accused.

14 ġS.L.220.04 RULES OF PROCEDURE 
(2) If there is a judge advocate, the oath shall be administered 
by him to the president first and afterwards to each member of the 
court. If there is no judge advocate, the oath shall be first 
administered by the president to the members of the court and then 
to the president by any member of the court already sworn. 
(3) A court may be sworn at one time to try any number of 
accused then present before it, whether they are to be tried jointly 
or separately. 
(4) When a court is convened to try two or more accused 
separately and one accused objects to the president or to any 
member of the court, the court may, if they think fit, proceed to 
determine that objection in accordance with rule 25, or postpone 
the trial of that accused and swear the court for the trial of the other 
accused only. 
Swearing of judge 
advocate. 
27. After the court have been sworn, an oath shall be 
administered to the judge advocate (if any) in accordance with rule 
32 and in the presence of the accused. 
Swearing of 
officers under 
instruction. 
28. After the court and judge advocate (if any) have been 
sworn an oath shall be administered to any officer under instruction 
in accordance with rule 32 and in the presence of the accused. 
Appointment and 
swearing of, and 
objections to 
interpreters and 
shorthand writers. 
29. (1) A competent and impartial person may be appointed at 
any time to act as an interpreter or shorthand writer at a trial by 
court-martial and before he so acts an oath shall be administered to 
him in accordance with rule 32 and in the presence of the accused. 
(2) Before a person is sworn as an interpreter or as a shorthand 
writer, the accused shall be given an opportunity to object to him in 
the same manner as an objection may be taken to a member of the 
court and, if the court think that the objection is reasonable, that 
person shall not act as interpreter or shorthand writer. 
No right of 
objection to judge 
advocate, 
prosecutor and 
officer under 
instruction. 
30. The accused shall have no right to object to a judge 
advocate, prosecutor or any officer under instruction. 
Order of trials. 31. (1) When a court has been convened to try two or more 
accused separately and have been sworn in accordance with rule 
26(3), the court shall try them in the order indicated by the 
convening officer or, where he has given no such indication, then in 
such order as the court think fit. 
(2) When a court has been convened to try an accused on 
charges which are included in more than one charge-sheet, the 
court shall take the charge sheets in the order indicated by the 
convening officer or, where he has given no such indication, in 
such order as they think fit. 
Oaths and solemn 
affirmations. 
32. (1) An oath which is required to be administered under 
these Rules shall be administered in the appropriate form and in the 
manner set out in the Sixth Schedule: 
Provided that the opening words of the oath may be varied

RULES OF PROCEDURE ġS.L.220.04 15 
to such words and the oath may be administered in such manner as 
the person taking the oath declares to be binding on his conscience 
in accordance with his religious beliefs. 
(2) Subject to rule 26(2) every oath shall be administered at a 
court-martial by the president, a member of the court or the judge 
advocate. 
(3) Where a person is a child or young person the oath shall be 
in the appropriate form set out in the Sixth Schedule. 
(4) Where a person is permitted to make a solemn affirmation 
instead of swearing an oath, the affirmation shall be in the 
appropriate form set out in the Sixth Schedule. 
Cap. 245. (5) The provisions of the Affirmations Act shall apply to 
proceedings before a commanding officer, the taking of summaries 
of evidence and proceedings before an appropriate superior 
authority as they apply to proceedings before a court-martial. 
Arraignment of 
accused. 
33. (1) When the court and judge advocate (if any) have been 
sworn the accused shall be arraigned. 
(2) If there is more than one charge against the accused before 
the court he shall be required to plead separately to each charge. 
(3) If there is more than one charge-sheet against the accused 
before the court, the court shall arraign and try the accused upon 
the charge in the first of such charge-sheets and shall announce 
their finding thereon and if the accused has pleaded guilty comply 
with rule 43(1) and (2) before they arraign him upon the charge in 
any subsequent charge-sheet. 
Plea to the 
jurisdiction of the 
court. 
34. (1) The accused, before pleading to the charge, may offer 
a plea of jurisdiction of the court. If he does so - 
(a) the accused may adduce evidence in support of the 
plea and the prosecutor may adduce evidence in 
answer thereto; 
(b) the prosecutor may address the court in answer to the 
plea and the accused may reply to the prosecutor’s 
address. 
(2) If the court allow the plea they shall adjourn and report to 
the convening officer. 
(3) When a court report to the convening officer under this 
rule, the convening officer shall - 
(a) if he approves the decision of the court to allow the 
plea, dissolve the court; 
(b) if he disapproves the decision of the court - 
(i) refer the matter back to the court and direct them 
to proceed with the trial; or 
(ii) convene a fresh court to try the accused. 
Objection to 
charge. 
35. (1) An accused before pleading to a charge may object to 
it on the grounds that it is not correct in law or is not framed in 
accordance with these Rules, and if he does so, the prosecutor may

16 ġS.L.220.04 RULES OF PROCEDURE 
address the court in answer to the objection and the accused may 
reply to the prosecutor’s address. 
(2) If the court uphold the objection, they shall either amend 
the charge, if permissible under rule 80, or adjourn and report to the 
convening officer: 
Provided that if there is another charge or another chargesheet 
before the court, the court may, before adjourning under this 
rule, proceed with the trial of such other charge or other chargesheet. 
(3) When a court report to the convening officer under this 
rule, the convening officer shall - 
(a) if he approves the decision of the court to allow the 
objection - 
(i) dissolve the court; or 
(ii) where there is another charge or another chargesheet 
before the court to which the objection 
does not relate and which the court has not tried, 
direct the court to proceed with the trial of such 
other charge or charge sheet only; or 
(iii) amend the charge to which the objection relates 
if permissible under rule 81, and direct the court 
to try it as amended; 
(b) if he disapproves the decision of the court to allow the 
objection - 
(i) direct the court to try the charge; or 
(ii) where there is another charge or another chargesheet 
before the court to which the objection 
does not relate and which the court has not tried, 
direct the court to proceed with the trial of such 
other charge or charge-sheet only; or 
(iii) convene a fresh court to try the accused. 
Plea in bar of trial. 36. (1) An accused before pleading to a charge, may offer a 
plea in reliance upon bar of article 131 or article 133 of the Act. If 
he does so - 
(a) the accused may adduce evidence in support of the 
plea and the prosecutor may adduce evidence in 
answer thereto; and 
(b) the prosecutor may address the court in answer to the 
plea and the accused may reply to the prosecutor’s 
address. 
(2) If the court allow the plea they shall adjourn and report to 
the convening officer: 
Provided that if there is another charge or another chargesheet 
before the court, the court may, before adjourning under this 
rule, proceed with the trial of such other charge or other chargesheet. 
(3) When a court report to the convening officer under this 
rule, the convening officer shall -

RULES OF PROCEDURE ġS.L.220.04 17 
(a) if he approves the decision of the court to allow the 
plea - 
(i) dissolve the court; or 
(ii) where there is another charge or another chargesheet 
before the court to which the plea does not 
relate and which the court has not tried, direct 
the court to proceed with the trial of such other 
charge or charge-sheet only; 
(b) if he disapproves the decision of the court to allow the 
plea - 
(i) direct the court to try the charge; or 
(ii) where there is another charge or another chargesheet 
before the court to which the plea does not 
relate and which the court has not tried, direct 
the court to proceed with the trial of such other 
charge or charge-sheet only; 
(iii) convene a fresh court to try the accused. 
Application by an 
accused at a joint 
trial to be tried 
separately. 
37. Where two or more accused are charged jointly or are 
charged in the same charge-sheet with offences alleged to have 
been committed by them separately, any one of the accused may, 
before pleading to a charge or charges, apply to the court to be tried 
separately on the ground that he would be prejudiced in his defence 
if he were not tried separately. If the accused makes such an 
application the prosecutor may address the court in answer thereto 
and the accused may reply to the prosecutor’s address. If the court 
are of the opinion that the interests of justice so require they shall 
allow the application and try separately the accused who made it. 
Application by an 
accused at a trial to 
have a charge tried 
separately. 
38. Where a charge-sheet contains more than one charge the 
accused may, before pleading to the charges, apply to the court to 
be tried separately on any charge in that charge-sheet on the ground 
that he would be prejudiced in his defence if he were not tried 
separately on that charge. If the accused makes such an application 
the prosecutor may address the court in answer thereto and the 
accused may reply to the prosecutor’s address. If the court are of 
the opinion that the interests of justice so require they shall allow 
the application and try the accused separately on the charge to 
which it relates as if that charge had been inserted in a separate 
charge-sheet. 
Pleas to the charge. 39. (1) After any pleas under rule 36, any objection under rule 
35, and any applications under rules 37 and 38, have been dealt 
with, the accused shall be required (subject to sub-rule (2)) to plead 
either guilty or not guilty to each charge on which he is arraigned. 
(2) Where a court is empowered by article 104 of the Act to 
find an accused guilty of an offence other than that charged or 
guilty of committing the offence in circumstances involving a less 
degree of punishment or where they could, after hearing the 
evidence, make a special finding of guilty subject to exceptions or 
variations in accordance with rule 63, the accused may plead guilty 
to such other offence or to the offence charged as having been 
committed in circumstances involving a less degree of punishment 
or to the offence charged subject to such exceptions or variations.

18 ġS.L.220.04 RULES OF PROCEDURE 
Acceptance of 
pleas of guilty. 
Amended by: 
Act X of 2000. 
40. (1) If an accused pleads guilty to a charge under either 
rule 39(1) or (2), the president or judge advocate shall, before the 
court decide to accept the plea, explain to the accused the nature of 
the charge and the general effect of his plea and in particular the 
difference in procedure when an accused pleads guilty and when an 
accused pleads not guilty. 
(2) A court shall not accept a plea of guilty under either rule 
39(1) or (2) if - 
(a) the court are not satisfied that the accused understands 
the nature of the charge or the effect of his plea; or 
(b) the president having regard to all the circumstances, 
considers that the accused should plead not guilty; or 
(c) the accused is liable, if convicted, to be sentenced to 
imprisonment for life. 
(3) In the case of a plea of guilty under rule 39(2), a court shall 
also not accept the plea unless the convening officer concurs and 
they are satisfied of the justice of such course. The concurrence of 
the convening officer may be signified by the prosecutor. 
(4) When a plea of guilty under either rule 39(1) or (2) is not 
accepted by the court or the accused either refuses to plead to the 
charge or does not plead to it intelligibly, the court shall enter a 
plea of not guilty. 
(5) When a court are satisfied that they can properly accept a 
plea of guilty under either rule 39(1) or (2) they shall record a 
finding of guilty in respect thereof. 
Pleas on alternative 
charges. 
41. (1) When an accused pleads guilty to the first of two or 
more alternative charges, the court, if they accept the accused’s 
plea of guilty, shall record a finding of guilty in respect of the first 
charge and the prosecutor shall withdraw any alternative charge 
before the accused is arraigned on it. 
(2) When an accused pleads guilty to one of two or more 
charges which are laid in the alternative other than the first of such 
charges, the court may - 
(a) proceed as if the accused had pleaded not guilty to all 
the charges; or 
(b) with the concurrence of the convening officer (which 
may be signified by the prosecutor) record a finding of 
guilty on the charge to which the accused has pleaded 
guilty and a finding of not guilty on any alternative 
charge which is placed before it in the charge-sheet. 
Where the court record such findings, the prosecutor 
shall before the accused is arraigned on it withdraw 
any charge which is alternative to the charge of which 
the court have found the accused guilty and which is 
placed after it in the charge-sheet. 
Procedure after recording a finding of guilty 

RULES OF PROCEDURE ġS.L.220.04 19 
Order of trial 
where pleas of 
guilty and not 
guilty. 
42. After the court have recorded a finding of guilty, if there is 
no other charge in the same charge-sheet to which the accused has 
pleaded not guilty and no other accused who has pleaded not guilty 
to a charge in that charge-sheet, they shall proceed with the trial as 
directed by rule 43. If there is another charge in the charge-sheet to 
which the accused has pleaded not guilty or there is another 
accused who has pleaded not guilty to a charge in the charge sheet, 
the court shall not comply with rule 43 until after they have dealt 
with such other charge or tried such other accused and have 
announced and recorded their finding in respect thereof. 
Procedure on 
finding after plea 
of guilty. 
43. (1) After the court have recorded a finding of guilty in 
respect of a charge to which an accused pleaded guilty, the 
prosecutor shall, subject to rule 42, read the summary or abstract of 
evidence to the court or inform the court of the facts contained 
therein: 
Provided that if an expurgated copy of the summary or 
abstract was sent to the president, the prosecutor shall not read to 
the court those parts of the summary or abstract which have been 
expurgated or inform the court of the facts contained in those parts, 
and shall not hand the original summary or abstract to the court 
until the trial is concluded. 
(2) If there is no summary or abstract of evidence or the 
summary or abstract is, in the opinion of the court, inadequate or 
incomplete, the court shall hear and record in accordance with 
these Rules sufficient evidence to enable them to determine the 
sentence. 
(3) After sub-rules (1) and (2) have been complied with, the 
accused may - 
(a) adduce evidence of character and in mitigation of 
punishment; and 
(b) address the court in mitigation of punishment. 
(4) After sub-rule (3) has been complied with the court shall 
proceed as directed in rule 68(1), (2), (3) and (4). 
Changes of Plea 
Changes of plea. 44. (1) An accused who has pleaded not guilty may at any 
time before the court close to deliberate on their finding withdraw 
his plea of not guilty and substitute a plea of guilty (including a 
plea of guilty under rule 39(2)) and in such case the court shall, if 
they are satisfied that they can accept the accused’s changed plea 
under these Rules, record a finding in accordance with the 
accused’s change of plea and so far as is necessary proceed as 
directed by rule 43. 
(2) If at any time during the trial it appears to the court that an 
accused who has pleaded guilty does not understand the effect of 
his plea or the nature of the charge, the court shall enter a plea of 
not guilty and proceed with the trial accordingly. 
(3) When a court enter a plea of not guilty in respect of any 
charge under sub-rule (2), they shall, if there was a charge laid in 
the alternative thereto which the prosecutor withdrew under rule

20 ġS.L.220.04 RULES OF PROCEDURE 
41, reinstate such alternative charge, arraign the accused thereon 
and proceed with the trial as if it had never been withdrawn. 
Procedure on pleas of not guilty 
Application for 
adjournment of 
trial. 
45. After a plea of not guilty to any charge has been entered - 
(a) the court shall ask the accused whether he wishes to 
apply for an adjournment on the ground that any of 
these rules relating to procedure before trial have not 
been complied with and that he has been prejudiced 
thereby or on the ground that he has not sufficient 
opportunity for preparing his defence; 
(b) if the accused applies for an adjournment - 
(i) the accused may adduce evidence in support of 
his application and the prosecutor may adduce 
evidence in answer thereto; and 
(ii) the prosecutor may address the court in answer 
to the application and the accused may reply to 
the prosecutor’s address; 
(c) the court may grant an adjournment if they think the 
interests of justice so require. 
Case for the 
prosecution. 
46. (1) The prosecutor may, if he desires, and shall, if required 
by the court, make an opening address explaining the charge, where 
necessary, and the nature and general effect of the evidence which 
he proposes to adduce. 
(2) The witnesses for the prosecution shall then be called to 
give their evidence. 
Calling of 
witnesses whose 
evidence is not 
contained in 
summary or 
abstract of 
evidence. 
47. If the prosecutor intends to adduce evidence which is not 
contained in any summary or abstract of evidence given to the 
accused, notice of such intention together with the particulars of 
the evidence shall, when practicable, be given to the accused a 
reasonable time before the evidence is adduced. If such evidence is 
adduced without such notice or particulars having been given, the 
court may, if the accused so desires, either adjourn after receiving 
the evidence or allow any cross-examination arising out of that 
evidence to be postponed, and the court shall inform the accused of 
his right to apply for such an adjournment or postponement. 
Notice to an 
accused that a 
witness will not be 
called by the 
prosecutor. 
48. The prosecutor shall not be bound to call all the witnesses 
against the accused whose evidence is contained in the summary or 
abstract of evidence nor a witness whom he has notified the 
accused that he intends to call under rule 47, but if the prosecutor 
does not intend to call such a witness to give evidence he shall 
either tender him for cross-examination by the accused or give the 
accused reasonable notice that he does not intend to call the witness 
and that the accused will be allowed to communicate with him and 
to call him as a witness for the defence, if he so desires and if the 
witness is available. 
Calling and examination of witness 
Swearing of 
witnesses. 
49. Save as is otherwise provided by the Act an oath shall be 
administered to each witness in accordance with rule 32 before he

RULES OF PROCEDURE ġS.L.220.04 21 
gives evidence and in the presence of the accused. 
Exclusion of 
witnesses from 
court. 
50. During a trial a witness other than the prosecutor or 
accused shall not, except by leave of the court, be in court while not 
under examination, and if while he is under examination a 
discussion arises as to the allowance of a question or otherwise 
with regard to the evidence the court may direct the witness to 
withdraw during such discussion. 
Examination of 
witnesses. 
51. (1) A witness may be examined by the person calling him 
and may be cross-examined by the opposite party to the 
proceedings and on the conclusion of any such cross-examination 
may be re-examined by the person who called him on matters 
arising out of the cross-examination. 
(2) The person examining a witness shall put his questions to 
the witness orally and unless an objection is made by the witness, 
court, judge advocate, prosecutor or by the accused, the witness 
shall reply forthwith. If such an objection is made, the witness shall 
not reply until the objection has been disposed of. 
(3) The court may allow the cross-examination or reexamination 
of a witness to be postponed. 
Examination of 
witnesses by court. 
52. (1) The president, the judge advocate and, with permission 
of the president, any member of the court may put questions to a 
witness. 
(2) Upon any such question being answered, the prosecutor and 
the accused may put to the witness such questions arising from the 
answer which he has given as seem proper to the court. 
Reading back of 
evidence to 
witness. 
53. (1) The record which has been made of the evidence given 
by a witness shall be read back to him before he leaves the court 
and when this is done he may ask for the record to be corrected or 
explain the evidence which he has given. If any such correction is 
made or explanation given, the prosecutor and the accused may put 
such questions to the witness respecting the correction or 
explanation as seem proper to the court. 
(2) When a shorthand writer is employed it shall not be 
necessary to comply with sub-rule (1), if, in the opinion of the court 
and the judge advocate (if any), it is unnecessary to do so: 
Provided that if any witness so demands sub-rule (1) shall 
be complied with. 
Calling of 
witnesses by court 
and recalling of 
witnesses. 
54. (1) The court may, at any time before they close to 
deliberate on their finding or if there is a judge advocate before he 
begins to sum up, call a witness or recall a witness, if in the opinion 
of the court it is in the interests of justice to do so. If the court call 
a witness or recall a witness under this rule, the prosecutor and the 
accused may put such questions to the witness as seem proper to 
the court. 
(2) The prosecutor and the accused may, at any time before the 
court close to deliberate on their finding or if there is a judge 
advocate before he begins to sum up, recall a witness by leave of 
the court and the prosecutor and the accused may put such

22 ġS.L.220.04 RULES OF PROCEDURE 
questions to the witness as seem proper to the court. 
Submission of no case to answer and stopping of cases 
Submission of no 
case to answer and 
power of court to 
stop case. 
55. (1) At the close of the case for the prosecution the accused 
may submit to the court in respect of any charge that the 
prosecution has failed to establish a prima facie case for him to 
answer and that he should not be called upon to make his defence to 
that charge. If the accused makes such a submission, the prosecutor 
may address the court in answer thereto and the accused may reply 
to the prosecutor’s address. 
(2) The court shall not allow the submission unless they are 
satisfied that - 
(a) the prosecution has not established a prima facie case 
on the charge as laid; and 
(b) it is not open to them on the evidence adduced to make 
a special finding under either article 104 of the Act or 
rule 63(3). 
(3) If the court allow the submission they shall find the 
accused rot guilty of the charge to which it relates and announce 
this finding in open court forthwith; if the court disallow the 
submission they shall proceed with the trial of the offence as 
charged. 
(4) Irrespective of whether there has been a submission under 
this rule or not, the court may at any time after the close of the 
hearing of the case for the prosecution, and after hearing the 
prosecutor, find the accused not guilty of a charge, and if they do so 
they shall also announce such finding in open court forthwith. 
Case for the defence 
Explanation to 
accused of his 
rights when 
making his 
defence. 
56. (1) After the close of the case for the prosecution, the 
president or judge advocate (if any) should explain to the accused 
that - 
(a) if he wishes, he may give evidence on oath as a 
witness or make a statement without being sworn, but 
that he is not obliged to do either; 
(b) if he gives evidence on oath, he will be liable to be 
cross-examined by the prosecutor and to be questioned 
by the court and the judge advocate (if any), but that, if 
he makes a statement without being sworn, no one will 
be entitled to ask him any questions; and 
(c) whether he gives evidence or makes a statement or 
remains silent, he may call witnesses on his behalf 
both to the facts of the case and to his character. 
(2) After the president or judge advocate has complied with 
sub-rule (1), he shall ask the accused if he intends to give evidence 
on oath or to make a statement without being sworn and if he 
intends to call any witness on his behalf and, if so, whether he is a 
witness to fact or to character only. 
(3) If the accused intends to call a witness to the facts of the 
case other than himself he may make an opening address outlining

RULES OF PROCEDURE ġS.L.220.04 23 
the case for the defence before the evidence for the defence is 
given. 
Evidence for the 
defence. 
57. (1) After rule 56 has been complied with, the witnesses for 
the defence (if any) shall be called and give their evidence. 
(2) Rules 49, 50, 51, 52, 53 and 54 shall apply to the witnesses 
and the evidence for the defence as they apply to the witnesses and 
the evidence for the prosecution. 
Evidence in 
rebuttal. 
58. After the witnesses for the defence have given their 
evidence the prosecutor may, by leave of the court, call a witness or 
recall a witness to give evidence on any matter raised by the 
accused in his defence which the prosecution could not properly 
have mentioned to the court before the accused disclosed his 
defence or which the prosecution could not reasonably have 
foreseen. 
Closing address. 59. (1) After all the evidence has been given the prosecutor 
and the accused may each make a closing address to the court. 
(2) The accused shall be entitled to make his closing address 
after the closing address by the prosecutor. 
(3) Where two or more accused are represented by the same 
defending officer or counsel he may make one closing address only. 
Handing in of a 
written statement 
by accused. 
60. For the purposes of rule 56, the handing in by the accused 
of a written statement shall be treated as the calling of a witness by 
him. 
Summing up by Judge Advocate 
Summing up by 
judge advocate. 
61. After the closing addresses, if there is a judge advocate, he 
shall sum up the evidence and advise the court on the law relating 
to the case in open court. 
Deliberation on, and announcement of finding on the charge 
Deliberation on 
finding on the 
charge. 
62. (1) After the closing address, or if there is a judge 
advocate after his summing up, the court shall close to deliberate 
on their finding on the charge. 
(2) While the court are deliberating on their finding on the 
charge no person shall be present except the president and members 
of the court and any officer under instruction. 
(3) If there is a judge advocate and the court, while deliberating 
on their finding on the charge, require further advice from him, the 
court shall suspend their deliberation and ask and be given such 
advice in open court. 
Expression of 
opinion on, and 
form of, finding. 
63. (1) The opinion of the president and each member as to 
the finding shall be given in closed court, orally, and on each 
charge separately and their opinions shall be given in order of 
seniority commencing with the junior in rank. 
(2) Save as is otherwise provided in sub-rule (4) the court shall 
record on every charge on which a plea of not guilty has been 
recorded: 
(a) a finding of guilty or a special finding in accordance

24 ġS.L.220.04 RULES OF PROCEDURE 
with article 104 or article 122(2) of the Act or sub-rule 
(3) or 
(b) a finding of not guilty or of not guilty and honourably 
acquitted of the charge. 
(3) Where the court are of the opinion as regards any charge 
that the facts which they find to be proved in evidence differ from 
the facts alleged in the particulars of the charge, but are 
nevertheless sufficient to prove the offence stated in the charge and 
that the difference is not so material as to have prejudiced the 
accused in his defence, the court may, instead of recording a 
finding of not guilty, record a finding that the accused is guilty of 
the charge subject to any exception or variation which they shall 
specify in the finding. 
(4) Where the court have recorded a finding of guilty on the 
charge which is laid in the alternative they shall find the accused 
not guilty of any charge alternative thereto which is placed before it 
in the charge-sheet and record no finding on any charge alternative 
thereto which is placed after it in the charge-sheet. 
Announcement of 
finding. 
64. (1) The finding on each charge shall be announced in open 
court forthwith. 
(2) Every finding which requires confirmation shall be 
announced as being subject to confirmation. 
(3) The finding shall be in the appropriate form set out in the 
Fourth Schedule. 
Procedure after announcement of finding 
Completion of 
procedure on plea 
of guilty before 
deliberation on 
sentence. 
65. After the court have announced their finding on any charge 
on which the court have entered a plea of not guilty, if there is 
another charge in the same charge-sheet on which the court have 
accepted a plea of guilty, the court shall comply with rule 4(1) and 
(2) in respect of that charge before proceeding with the trial. 
Trial of charges in 
other charge-sheets 
before deliberation 
of sentence. 
66. Where there is another charge-sheet against the accused 
before the court, the court shall not comply with rules 67, 68 and 69 
until they have arraigned and tried the accused and have complied 
with rule 64 and, if necessary, with rule 65, in respect of each 
charge in such other charge-sheet unless that charge-sheet is 
withdrawn under rule 79. 
Release of 
accused. 
67. If the findings on all charges against the accused are not 
guilty the court shall order the accused to be released and the 
president and judge advocate (if any) shall date and sign the record 
of the proceedings. The president or the judge advocate shall then 
forward it as directed in the convening order. 
Accused’s record 
and plea in 
mitigation. 
68. (1) If the finding on a charge against the accused is guilty, 
or the court makes a special finding in accordance with article 104 
of the Act or rule 63(3), the court before deliberating on their 
sentence shall whenever possible take evidence of his age, rank and 
service record. Such service record shall include - 
(a) any recognised acts of gallantry or distinguished 
conduct on the part of the accused and any decoration

RULES OF PROCEDURE ġS.L.220.04 25 
to which he is entitled; and 
(b) particulars of any offence of which the accused has 
been found guilty during his service and which is 
recorded in the service books relating to the accused 
and of the length of time he has been under arrest 
awaiting trial or in confinement under a current 
sentence 
(2) Evidence of the matters referred to in sub-rule (1) may be 
given by a witness producing to the court a written statement 
containing a summary of the entries in the service books relating to 
the accused, after the witness has in court verified such statement 
and identified the accused as the person to whom it relates. Such 
statement shall be in the form set out in the Fourth Schedule. 
(3) In addition to the evidence contained in the statement 
referred to in sub-rule (2), it shall be the duty of the prosecutor 
whenever possible to call as a witness an officer to give to the court 
any information in the possession of the military authorities 
regarding - 
(a) the accused’s family background and responsibilities 
and any other circumstances which may have made 
him more susceptible to the commission of the offence 
charged; 
(b) his general conduct in the service, and 
(c) particulars of offences which do not appear in the 
statement above referred to of which the accused has 
been found guilty by a civil court, not being offences 
of which he was found guilty while under the age of 
fourteen years, and which are of the same general 
nature as that of which the accused has been found 
guilty by the court-martial: 
Provided that the court shall not he informed of 
any such civil offence unless the finding is proved in 
accordance with article 173 of the Act, or the accused 
has admitted, after the purpose for which such 
admission is required has been explained to him, that 
he has been found guilty of the offence. 
(4) The accused may cross-examine any witness who gives 
evidence in accordance with sub-rules (2) and (3) and if the 
accused so requires the service books, or a duly certified copy of 
the material entries therein, shall be produced, and if the contents 
of the form are in any respect not in accordance with the service 
books or such certified copy, the court shall cause the form to be 
corrected accordingly. 
(5) After sub-rules (1), (2), (3) and (4) have been complied 
with the accused may - 
(a) give evidence on oath and call witnesses in mitigation 
of punishment and to his character; and 
(b) address the court in mitigation of punishment. 

26 ġS.L.220.04 RULES OF PROCEDURE 
Request by 
accused for other 
offences to be 
taken into 
consideration. 
69. (1) Before the court close to deliberate on their sentence, 
the accused may request the court to take into consideration any 
other offence against the Act committed by him of similar nature to 
that of which he has been found guilty, and, upon such a request 
being made, the court may agree to take into consideration any of 
such other offences as to the court seem proper. 
(2) A list of the offences which the court agree to take into 
consideration shall be read to the accused by the president or the 
judge advocate, who shall ask the accused if he admits having 
committed them. The accused shall sign a list of the offences which 
he admits having committed and the court shall take the offences in 
this list into consideration. This list shall be signed by the president 
and be attached to the record of proceedings as an exhibit. 
Deliberation on sentence 
Persons entitled to 
be present during 
deliberation on 
sentence. 
70. While the court are deliberating on their sentence no 
person shall be present except the president, members, judge 
advocate (if any) and any officer under instruction. 
Sentence and 
recommendation to 
mercy. 
71. (1) The court shall award one sentence in respect of all the 
offences of which the accused is found guilty. The sentence shall be 
in the appropriate form set out in the Fifth Schedule. 
(2) The opinion of the president and each member as to the 
sentence shall be given orally and in closed court and their opinions 
shall be given in order of seniority commencing with the junior in 
rank. 
(3) When the court have agreed to take into consideration an 
offence which is not included in the charge-sheet, the court shall 
award a sentence appropriate both to the offence of which the 
accused has been found guilty and to the other offence which they 
are taking into consideration, but no greater than the maximum 
sentence which may be awarded under the Act for the offence of 
which the accused has been found guilty, save that they may 
include in their sentence a direction that such deduction shall be 
made from the pay of the accused as they would have had the 
power to direct to be made if the accused had been found guilty of 
the offence taken into consideration as well as of the offence of 
which he has been found guilty. 
(4) The court may make a recommendation to mercy and if they 
do so shall record in the proceedings their reasons for making it. 
Postponement of 
deliberation on 
sentence. 
72. Where two or more accused are tried separately by the 
same court upon charges arising out of the same transaction, the 
court may, if they think that the interest of justice so require, 
postpone their deliberation upon the sentence to be awarded to any 
one or more of such accused until they have recorded and 
announced the findings in respect of all of such accused. 
Announcement of sentence and conclusion of trial 
Announcement of 
sentence and 
conclusion of trial. 
73. (1) The sentence, and any recommendation to mercy 
together with the reasons for making it, shall be announced in open 
court. The sentence shall also be announced as being subject to 
confirmation. 

RULES OF PROCEDURE ġS.L.220.04 27 
(2) When sub-rule (1) has been complied with the president 
shall announce in open court that the trial is concluded. 
(3) Immediately after the conclusion of the trial the president 
and judge advocate (if any) shall date and sign the record of the 
proceedings. The president or the judge advocate shall then forward 
it as directed in the convening order. 
General duties of the president, prosecutor and the defending 
officer or counsel 
General duties of 
the president. 
74. It shall be the duty of the president to ensure that the trial is 
conducted in accordance with the Act and these Rules and in a 
manner befitting a court of justice and in particular - 
(a) to ensure that the prosecutor and the defending officer 
or counsel conduct themselves in accordance with 
these Rules; 
(b) to ensure that the accused does not suffer any 
disadvantage in consequence of his position as such or 
of his ignorance or of his incapacity to examine or 
cross-examine witnesses or to make his own evidence 
clear and intelligible, or otherwise; 
(c) to ensure that an officer under instruction does not 
express an opinion to the court on any matter relating 
to the trial before the court have come to their finding, 
nor on sentence before the court have decided upon the 
sentence; 
(d) when there is no judge advocate present, to ensure that 
a proper record of proceedings is made in accordance 
with rule 89 and that the record of the proceedings and 
exhibits are properly safeguarded in accordance with 
rule 91. 
General duties of 
prosecutor and 
defending officer 
or counsel. 
75. (1) It shall be the duty of the prosecutor and of the 
defending officer or counsel to assist the court in the administration 
of justice, to treat the court and judge advocate with due respect 
and to present their cases fairly and in particular - 
(a) to conform with these Rules and the practice of the 
civil courts in Malta relating to the examination, crossexamination 
and re-examinate of witnesses; 
(b) not to refer to any matter not relevant to the charge 
before the court; and 
(c) not to state as a matter of fact any matter which is not 
proved or which they do not intend to prove by 
evidence. 
(2) Without prejudice to the generality of any of the provisions 
of sub-rule (1), it shall be the duty of the prosecutor to bring the 
whole of the transaction before the court and not to take any unfair 
advantage of, or to withhold any evidence in favour of, the accused. 
Counsel. 76. (1) Subject to these Rules the following persons shall be 
allowed to appear as counsel at a court-martial:

28 ġS.L.220.04 RULES OF PROCEDURE 
(a) every person who is qualified as advocate or a legal 
procurator according to the law of Malta; and 
(b) with the consent of the convening officer, any person 
who is recognised by him as having in any 
Commonwealth country or territory outside Malta 
rights and duties similar to those of an advocate or 
legal procurator in Malta, and as being subject to 
punishment or disability for a breach of professional 
rules. 
(2) Any right granted by these Rules to the accused at a courtmartial 
to call or examine witnesses or to address the court, any 
right of the accused to object to the admissibility of evidence at a 
court-martial and any right granted to the accused by rules 23 
(1)(e), (g) and (h), 25, 29, 34, 35, 36, 37, 38, 45, 55, 69, 77(2), 89 
and 91(2) may be exercised by his defending officer or his counsel 
on his behalf, and any reference in these Rules to any address, 
request, application, claim, submission, objection or plea to the 
jurisdiction or in bar of trial made, taken or offered at a courtmartial 
by the accused shall be construed as including any address, 
request, application, claim, submission, objection or plea to the 
jurisdiction or in bar of trial made, taken or offered at a courtmartial 
by his defending officer or counsel on his behalf. 
(3) If the accused is to be defended at his court-martial by 
counsel not nominated by the convening officer, the accused shall 
give the convening officer notice of the fact not less than twentyfour 
hours before his trial. 
Powers and duties of the judge advocate 
General duties of 
judge advocate. 
77. (1) The judge advocate shall be responsible for the proper 
discharge of his functions to the Attorney General. 
(2) The prosecutor and the accused respectively are, at all 
times after the judge advocate is named to act at the trial, entitled to 
his opinion on any question of law or procedure relative to the 
charge or trial whether he is in or out of court, subject, when he is 
in court, to the permission of the court. 
(3) On the assembly of the court the judge advocate shall 
advise the court of any defect in the constitution of the court or in 
the charge-sheet, and during the trial he shall advise the court upon 
all questions of law or procedure which may arise, The court shall 
accept his advice on all such matters unless they have weighty 
reasons for not doing so, and if the court do not accept it their 
reasons for not doing so shall be recorded in the proceedings. 
(4) After the closing addresses the judge advocate shall sum up 
the evidence and advise the court upon the law relating to the case 
before the court close to deliberate on their finding. If in the course 
of deliberating on their finding the court require further advice 
from the judge advocate, they shall suspend their deliberation and 
ask and be given such advice in open court. 
(5) If when the court announce a finding of guilty or a special 
finding under either article 104 of the Act or rule 63(3) the judge 
advocate is of the opinion that such finding or special finding is

RULES OF PROCEDURE ġS.L.220.04 29 
contrary to the law relating to the case, he shall once more, but not 
more than once, advise the court what findings are, in his opinion, 
open to them. The court shall then reconsider their finding in closed 
c o u r t . T h e r e c o r d o f t h e p r o c e e d i n g s r e l a t i n g t o s u c h 
reconsideration shall be in the form set out in the Fourth Schedule. 
(6) The judge advocate shall be present whenever the court is 
sitting whether in open or closed court, except when the court is 
deliberating on the finding on the charge or on a revision thereof. 
(7) The judge advocate has equally with the president the duty 
of ensuring that the accused does not suffer any disadvantage in 
consequence of his position as such or of his ignorance or of his 
incapacity to examine or cross-examine witnesses, or to make his 
own evidence clear and intelligible or otherwise. 
(8) The judge advocate shall be responsible for seeing that a 
proper record of the proceedings is made in accordance with rule 
89 and responsible for the safe custody of the record of the 
proceedings under rule 91. 
Judge advocate 
sitting alone. 
78. (1) Where there is a judge advocate and - 
(a) during the course of a trial any question as to 
admissibility of evidence arises; or 
(b) during a joint trial an application is made by any of the 
accused for a separate trial; or 
(c) an application is made by an accused that a charge 
should be tried separately, 
the president may direct that the point at issue shall be determined 
by the judge advocate in the absence of the president and the 
members of the court and of any officer under instruction. Where 
the president so directs, he, the members of the court and any 
officer under instruction shall withdraw from the court. 
(2) The judge advocate shall, when the president and members 
of the court and any officer under instruction have withdrawn in 
accordance with sub-rule (1), hear the arguments and evidence 
relevant to the point at issue and shall give his ruling upon this 
point and such reasons therefore as he may consider necessary. 
After the judge advocate has given his ruling, the president and 
members of the court and any officer under instruction shall return 
to the court room and the judge advocate shall announce his ruling 
to them and the court shall follow his ruling. 
(3) When a judge advocate sits alone in accordance with this 
rule the proceedings before him shall form part of the proceedings 
of the court and article 64(1), articles 65 and 99, article 100(1) and 
(2), and articles 101, 105 and 106 of the Act and rules 32, 49, 50, 
51, 52, 53, 54, 75, 76, 82, 83, 84, 88, 89, 90, 91, 94, 95 and 101 
shall apply to proceedings before the judge advocate sitting alone 
as they apply to proceedings before the president and members of 
the court, and anything which is authorised by those articles and 
those rules to be done by the court or by the president may be done 
by the judge advocate when sitting alone. 
(4) When a judge advocate is sitting alone in accordance with

30 ġS.L.220.04 RULES OF PROCEDURE 
this rule and a person subject to military law commits an offence 
against article 64(1) of the Act, the judge advocate shall report the 
occurrence to the president who shall take such action as he 
considers appropriate. 
(5) The judge advocate shall be responsible for ensuring that 
the president and members do not see the record of the proceedings 
before the judge advocate when sitting alone until after the court 
has announced its finding. 
Withdrawal and amendment of charge-sheets and charges 
Withdrawal of 
charge-sheets and 
charges. 
79. A court may with the concurrence of the convening officer 
(which may be signified to the prosecutor) allow the prosecutor to 
withdraw a charge before the accused is arraigned thereon or a 
charge-sheet before the accused is arraigned on any charge therein. 
Amendment of 
charge-sheets and 
charges by the 
court. 
80. (1) At any time during a trial if it appears to the court that 
there is in the charge-sheet - 
(a) a mistake in the name or description of the accused; 
(b) a mistake which is attributable to a clerical error or 
omissions, 
the court may amend the charge-sheet so as to correct the mistake. 
(2) If at any time during a trial at which there is a judge 
advocate it appears to the court, before they close to deliberate on 
their finding, that it is desirable in the interests of justice to make 
an addition to, omission from or alteration in a charge which cannot 
be made under sub-rule (1) they may, if such addition, omission or 
alteration can be made without unfairness to the accused, so amend 
the charge if the judge advocate concurs. 
(3) If at any time during a trial at which there is no judge 
advocate it appears to the court, before they close to deliberate on 
their finding, that in the interests of justice it is desirable to make 
any addition to, omission from or alteration in a charge which 
cannot be made under sub-rule (1), they may adjourn and report 
their opinion to the convening officer, who may - 
(a) amend the charge if permissible under rule 81 and 
direct the court to try it as amended after due notice of 
the amendment has been given to the accused; or 
(b) direct the court to proceed with the trial of the charge 
without amending it; or 
(c) convene a fresh court to try the accused. 
Amendment of 
charges by 
convening officer. 
81. When a court report to the convening officer under either 
rule 35(2) or rule 80(3), he may amend the charge in respect of 
which they have reported to him by making any addition to, 
omission from or alteration in the charge which, in his opinion, is 
desirable in the interests of justice and which he is satisfied can be 
made without unfairness to the accused. 
Sitting and adjournment of the court 
Sittings of the 
court. 
82. Subject to the provisions of the Act and of these Rules 
relating to adjournment, a trial shall be continued from day to day

RULES OF PROCEDURE ġS.L.220.04 31 
and the court shall sit for such time each day as may be reasonable 
in the circumstances: 
Provided that the court shall not sit on a Sunday, Christmas 
Day, or Good Friday, unless in the opinion of the court or of the 
convening officer the exigencies of the service make it necessary to 
do so. 
Adjournment. 83. (1) During a trial the court may adjourn from time to time 
and from place to place as the interests of justice require. 
(2) A court may adjourn at any time to consult the convening 
officer on a point of law. 
(3) If during a trial any reason emerges which makes it 
advisable that the court should not continue to hear the case, the 
court shall adjourn and report thereon to the convening officer. 
(4) If at any time during a trial the accused becomes ill and it 
appears to the court that the illness is such that it will be 
impracticable to continue the trial, the court shall ascertain the 
facts of the illness and shall then adjourn and report to the 
convening officer. 
View by court. 84. If at any time during a trial before the court close to 
deliberate on their finding it appears to the court that they should, 
in the interests of justice, view any place or thing, they may adjourn 
for this purpose. When the court view any place or thing the 
president, members of the court, judge advocate (if any), 
prosecutor, accused and defending officer or counsel (if any) shall 
be present. 
Absence of 
president, 
members or judge 
advocate. 
85. (1) If after the commencement of a trial the president dies 
or is otherwise unable to attend, the court shall adjourn and the 
senior member shall report to the convening officer. 
(2) If after the commencement of a trial any member of the 
court dies or is otherwise unable to attend, the court, if not thereby 
reduced below the legal minimum, shall continue with the trial, but 
if reduced below the legal minimum the court shall adjourn and the 
president shall report to the convening officer. 
(3) If a judge advocate who has been appointed to act at a trial 
dies or is otherwise unable to attend, the court shall adjourn and 
report to the convening officer. 
(4) If the president or a member of the court is absent during 
any part of the trial, he shall take no further part in it and the like 
steps shall be taken as if the president or member, as the case may 
be, had died. 
(5) An officer cannot be added to the court after the accused 
has been arraigned. 
Unfitness to stand 
trial and insanity. 
86. (1) Where in the trial of a person the question of his 
fitness to be tried falls to be determined in accordance with the 
provisions of article 122(5) of the Act, the court shall take evidence 
as to his condition. If after considering the evidence they are of the 
opinion that the accused is fit to stand trial, they shall proceed with 
the trial; but if they are of the opinion that the accused is unfit to

32 ġS.L.220.04 RULES OF PROCEDURE 
stand his trial they shall so find and their finding shall be 
announced in open court forthwith and as being subject to 
confirmation. 
(2) If a court, in the course of their deliberation on their 
finding on a charge find pursuant to article 122(2) of the Act, that 
the accused was not guilty of the offence by reason of insanity, 
their finding shall be announced in open court forthwith and as 
being subject to confirmation. 
(3) Immediately after a finding has been announced under 
either sub-rule (1) or (2) the president shall announce in open court 
that the proceedings are terminated and thereupon the president and 
the judge advocate (if any) shall date and sign the record of the 
proceedings. The president or judge advocate shall then forward it 
as directed in the convening order. 
Interviewing and attendance of witnesses 
Interviewing of 
witnesses. 
87. (1) The prosecution shall not, without the consent of the 
convening officer, or, after the trial has begun, without the consent 
of the president, interview any witness who was called for the 
defence at the taking of the summary of evidence or whose 
attendance at the trial the accused has requested in accordance with 
rule 23(1)(e). 
(2) Except as provided in rule 48, neither the accused nor any 
person on his behalf shall, without the consent of the convening 
officer, or, after the trial has begun, without the consent of the 
president, interview any witness who was called for the prosecution 
at the taking of the summary of evidence or whose evidence is 
included in the abstract of evidence, or in respect of whom the 
prosecution have given the accused notice under rule 47 that they 
intend to call him as a witness at the trial. 
Procuring 
attendance of 
witnesses. 
88. (1) A witness who is subject to military law may be 
ordered by the proper military authority to attend at the taking of a 
summary of evidence or a trial by court-martial. 
(2) A witness who is not subject to military law may be 
summoned to attend - 
(a) the taking of a summary of evidence by an order under 
the hand of the commanding officer of the accused; or 
(b) a trial by court-martial by an order under the hand of 
an officer authorised to convene a court-martial or of a 
staff officer on his behalf, or, after the assembly of the 
court, of the president. 
(3) The summons referred to in sub-rule (2) shall, when it 
relates to the taking of a summary of evidence be in the appropriate 
form set out in the First Schedule, and, when it relates to a trial by 
court-martial, be in the appropriate form set out in the Fourth 
Schedule, and shall be served on the witness either personally or by 
leaving it with some person at the witness’s normal place of abode 
or of business. 
(4) The provisions of article 106 of the Act shall apply in 
relation to proceedings at the taking of a summary of evidence as

RULES OF PROCEDURE ġS.L.220.04 33 
they apply in relation to proceedings at a court-martial, and when 
so applied they shall be construed as though the words "officer 
taking the summary of evidence" were substituted for the words 
"president of the court-martial". 
Record of proceedings 
Record of 
proceedings. 
89. (1) The proceedings of general and district courts-martial 
shall be recorded in accordance with the following provisions: 
(a) the proceedings of a court-martial shall be recorded in 
accordance with the appropriate form set out in the 
Fourth Schedule and in sufficient detail to enable the 
confirming officer to follow the course of proceedings 
and to judge of the merits of the case; 
(b) when there is a shorthand writer present the evidence 
should be taken down in narrative form as nearly as 
possible in the words used: 
Provided that if the court, judge advocate, 
prosecutor or accused consider it necessary, any 
particular question and answer shall be taken down 
verbatim; 
(c) when an objection, submission or application is made 
during a trial at which there is no shorthand writer, a 
record shall be made of the proceedings relating to 
such objection, submission or application if and in 
such detail as the court or judge advocate thinks fit: 
Provided that if the prosecutor or accused so 
requests a note shall be made of the objection, 
submission or application, the grounds therefore, the 
advice of the judge advocate (if any) thereon and the 
decision of the court; 
(d) when any address by the prosecutor or the accused or 
summing up of the judge advocate is not in writing and 
there is no shorthand writer present, it shall only be 
necessary to record so much of such address or 
summing up as the court or advocate thinks proper: 
Provided that if the prosecutor or accused so 
requests a note shall be made of any particular point in 
such address or summing up; 
(e) there shall not be recorded in the record of proceedings 
any matter not forming part of the trial; but if any 
comment or report seems to the court to be necessary, 
the president may forward it to the proper military 
authority in a separate document. 
(2) The proceedings of a field general court-martial shall so far 
as practicable be recorded in accordance with the provisions of subrule 
(1) and the record must in any event contain the names of the 
president and members constituting the court and the judge 
advocate (if any), the name and description of the accused, the 
charge-sheet, all pleas, a brief summary of the evidence and the 
finding and sentence.

34 ġS.L.220.04 RULES OF PROCEDURE 
Exhibits. 90. (1) Subject to sub-rule (2), any document or thing 
admitted in evidence shall be made an exhibit. 
(2) When an original document or book is produced to the 
court by a witness, the court may at the request of the witness 
compare a copy of it or an extract of the relevant parts therefrom 
with the original, and after they have satisfied themselves that such 
copy or extract is correct and the president or the judge advocate 
has certified thereon that the court has compared it with the original 
and found it correct, the court may return the document or book to 
the witness and attach the copy or extract to the record of the 
proceedings as an exhibit. 
(3) Every exhibit shall - 
(a) be marked with a number or letter and be signed by the 
president or judge advocate or have a label bearing a 
number or letter and the signature of the president or 
judge advocate affixed to it; 
(b) be attached to or kept with the record of proceedings, 
unless in the opinion of the court, having regard to the 
nature of the exhibit or for other good reason, it is not 
expedient to attach it to or keep it with the record. 
(4) When an exhibit is not attached to or kept with the record of 
the proceedings under sub-rule (3)(b), the president shall ensure 
that proper steps are taken for its safe custody. 
Custody and 
inspection of 
record of 
proceedings during 
trial. 
91. (1) During a trial at which there is no judge advocate, the 
record of the proceedings and the exhibits shall be deemed to be in 
the custody of the president. During a trial at which there is a judge 
advocate, the record and the exhibits shall be deemed to be in the 
custody of the judge advocate, save when he is not present in 
closed court, when they shall be deemed to be in the custody of the 
president. 
(2) With the permission of the court, the prosecutor or the 
accused may at any reasonable time before the trial is concluded 
have a particular part of the record of the proceedings read to him, 
and, if proper precautions are taken for its safety, inspect any 
exhibit. 
Confirmation, revision and promulgation 
Confirmation and 
promulgation. 
92. (1) When a confirming officer receives record of the 
proceedings of a court-martial and the finding of the court requires 
confirmation, he shall record his decision thereon and on any 
sentence on the record of the proceedings in the appropriate form 
set out in the Fourth Schedule, and such record of his decision shall 
form part of the record of the proceedings. 
(2) When a court have accepted a plea of guilty made under 
rule 39(2), the confirming officer may confirm their finding 
notwithstanding that the court have accepted the plea without the 
concurrence of the convening officer if, in the opinion of the 
confirming officer, it is in the interests of justice to do so. 
(3) When a court have rejected a plea to the jurisdiction of the

RULES OF PROCEDURE ġS.L.220.04 35 
court or a plea in bar of trial or have overruled an objection to a 
charge, it shall not be necessary for the confirming officer to 
approve specifically the decision of the court, but his approval shall 
be implied from his confirming the finding on the charge to which 
the plea or rejection relates. If he disapproves the decision of the 
court to reject the plea or to overrule the objection, he shall 
withhold confirmation of the finding on the charge to which the 
plea or objection relates. 
(4) A confirming officer may state his reasons for withholding 
confirmation in any case, but if he withholds confirmation where a 
court have rejected a plea to the jurisdiction or a plea in bar of trial 
or have overruled an objection to the charge, because he 
disapproves this decision of the court, he shall when recording his 
decision under sub-rule (1) state that he has withheld confirmation 
for this reason. 
(5) If the sentence of a court-martial is informally expressed, 
the confirming officer may confirming the sentence vary the form 
thereof so that it shall be properly expressed. 
(6) Whenever it appears that there is sufficient evidence or a 
plea of guilty under either rule 39(1) or (2) to justify the finding of 
the court, such finding and any lawful sentence consequent thereon 
may be confirmed, and if confirmed shall be valid notwithstanding 
any deviation from these Rules, if the accused has not been 
prejudiced by such deviation. 
(7) When a confirming officer has confirmed a finding and 
sentence of a court or has withheld confirmation thereof, he shall 
send the record of the proceedings to the commanding officer of the 
accused for promulgation to the accused of the finding and 
sentence, or of the fact that confirmation has been withheld, as the 
case may be. The fact of promulgation shall be recorded on the 
record of the proceedings in the form set out in the Fourth 
Schedule. If confirmation has been withheld because the 
confirming officer disapproves the court’s decision to reject a plea 
to the jurisdiction or a plea in bar of trial or to overrule an objection 
to the charge, the accused shall be so informed. 
Revision. 93. (1) The proceedings and decision of a court on revision 
shall be recorded on the record of the proceedings in the 
appropriate form set out in the Fourth Schedule, and the president 
shall date and sign such record and decision and return it to the 
confirming officer, after it has been signed by the judge advocate 
(if any). 
(2) When an accused is acquitted on revision, the revised 
finding shall be communicated to the accused in such manner as 
may be specified by the confirming officer. 
Loss of proceedings 
Loss of original 
record of 
proceedings before 
confirmation. 
94. (1) If before confirmation the whole or any part of the 
original record of the proceedings of a court-martial is lost and a 
copy exists, such copy may, if the president or the judge advocate 
certifies it to be correct, be accepted and used in lieu of the 
original.

36 ġS.L.220.04 RULES OF PROCEDURE 
(2) If before confirmation the whole or any part of the original 
record of the proceedings of a court-martial is lost and no copy 
thereof exists, but evidence of the proceedings of the court can be 
procured to enable the record or part thereof which has been lost to 
be reconstituted sufficiently to permit the confirming officer to 
follow the course of the proceedings and to judge on the merits of 
the case, the record as so reconstituted may, with the consent of the 
accused, be accepted and used in lieu of the original: 
Provided that where part only of the original record of the 
proceedings of a court-martial has been lost, and the part which 
remains is sufficient to enable the confirming officer to follow the 
course of the proceedings and judge on the merits of the case, such 
remaining part may, with the consent of the accused, be accepted 
and used as if it were the complete record, and in such case it shall 
not be necessary to reconstitute the part of the record which has 
been lost. 
(3) If before confirmation the whole or any part of the original 
record of the proceedings of a court-martial is lost and such loss 
cannot be made good under either sub-rule (1) or (2), the 
confirming officer shall withhold confirmation and shall record his 
decision in the appropriate form set out in the Fourth Schedule. 
Loss of original 
record of 
proceedings after 
confirmation. 
95. If after confirmation the whole or any part of the original 
record of the proceedings of a court-martial is lost and a copy 
thereof is certified by the president or the judge advocate to be 
correct, or a sufficient record of the charge, finding, sentence and 
proceedings before the court and of the confirmation of the finding 
and sentence remains or can be reconstituted to permit the case 
being reviewed or the sentence reconsidered, such copy or 
reconstituted record or remaining part of the record may be 
accepted and used in lieu of the original. 
Cost of copies of record 
Cost of copies of 
record of 
proceedings. 
96. The rate at which copies of the record of the proceedings of 
a court-martial shall be supplied in accordance with article 139(2) 
and (3) of the Act shall be the estimated cost of the copy required 
not exceeding two cents for every folio of seventy-two words. 
Petitions 
Petitions. 97. (1) If an accused who has been sentenced by a courtmartial 
or who has been found by a court-martial to be unfit to 
stand trial or to be not guilty by reason of insanity wishes to 
petition before confirmation against the finding or sentence or both, 
he shall present a petition to the confirming officer in the 
appropriate form set out in the Seventh Schedule. 
(2) If an accused who has been sentenced by a court-martial or 
who has been found by a court-martial to be unfit to stand trial or to 
be not guilty by reason of insanity wishes to petition after 
promulgation against the finding so as to be able to exercise the 
rights conferred on him by article 117 of the Act if his petition is 
rejected, he shall present a petition (hereinafter referred to as an 
"appeal petition") in the appropriate form set out in the Seventh 
Schedule, within the periods specified in article 117(3) of the Act.

RULES OF PROCEDURE ġS.L.220.04 37 
(3) If an accused who has been sentenced by court-martial or 
who has been found by a court-martial to be unfit to stand his trial 
or to be not guilty by reason of insanity wishes to petition after 
promulgation against the finding otherwise than by means of an 
appeal petition, he shall present the petition to a reviewing 
authority at any time within six months of promulgation in the 
appropriate form set out in the Seventh Schedule. 
(4) If an accused who has been sentenced by court-martial 
wishes to petition after promulgation against the sentence, he shall 
present a petition to a reviewing authority or an officer authorised 
to reconsider a sentence of a court-martial under article 115 of the 
Act at any time within six months of promulgation in the 
appropriate form set out in the Seventh Schedule. 
(5) An appeal petition or a petition under sub-rule (3) or (4) 
which is presented to the person under whose immediate 
jurisdiction the petitioner is at the time shall be treated as having 
been presented to the authority to whom the petition is addressed. 
Miscellaneous provisions 
Exceptions from 
Rules on account 
of the exigencies of 
the service. 
98. (1) Where in the opinion of the officer who is or would be 
responsible for convening a court-martial to try the accused or, if 
he is not available, of the senior officer on the spot, the exigencies 
of the service render compliance with all or any of the provisions of 
the Rules mentioned in sub-rule (4) impracticable, the officer who 
is or would be responsible for convening a court-martial to try the 
accused, or the senior officer on the spot as the case may be, may 
make a declaration to that effect in the appropriate form set out in 
the Fourth Schedule. 
(2) Any declaration made under sub-rule (1) by the senior 
officer on the spot shall be forwarded by him as soon as possible to 
the officer who is or would be responsible for convening a courtmartial 
to try the accused. 
(3) When a declaration has been made under sub-rule (1) it 
shall not be necessary to comply with any provision of these Rules 
which is mentioned in such declaration and these Rules shall be 
construed accordingly. 
(4) The provisions of these Rules in respect of which a 
declaration may be made under sub-rule (1) are. 
(a) provisos (a) and (b) to rule 6(2); 
(b) rule 8(b) insofar as it relates to the accused’s rights to 
insist that a witness shall be compelled to attend the 
taking of a summary of evidence for crossexamination; 
(c) rule 17 insofar as it provides that the documents 
specified therein must be given to the accused less 
than twenty-four hours before the appropriate superior 
authority investigates and deals summarily with the 
charge; 
(d) rule 23(1)(b), (c) and (d) insofar as it provides that the 
documents specified therein shall be given to the

38 ġS.L.220.04 RULES OF PROCEDURE 
accused not less than twenty-four hours before his 
trial. 
(5) If an accused is brought to trial by court-martial or is dealt 
with summarily by an appropriate superior authority, any 
declaration which has been made in his case under sub-rule (1) 
shall be attached to the record of the proceedings of the courtmartial 
or to the record made by the appropriate superior authority 
as the case may be. 
Exceptions from 
rules in the 
interests of 
security. 
99. (1) When in the opinion of the officer who is or would be 
responsible for convening a court-martial to try the accused, or, if 
he is not available, of the senior officer on the spot a charge-sheet, 
summary or abstract of evidence or other document which, or a 
copy of which, is required under these Rules to be given to an 
accused contains information the disclosure of which would or 
might be directly or indirectly useful to an enemy, the officer who 
is or would be responsible for convening a court-martial to try the 
accused, or the senior officer on the spot, as the case may be, may 
make a declaration to that effect in the appropriate form set out in 
the Fourth Schedule specifying the document concerned. 
(2) Any declaration made under sub-rule (1) by the senior 
officer on the spot shall he forwarded by him as soon as possible to 
the officer who is or would be responsible for convening a courtmartial 
to try the accused. 
(3) When a declaration has been made under sub-rule (1) it 
shall not be necessary to give to the accused any document 
mentioned in that declaration, or any copy of such a document, and 
it shall be a sufficient compliance with these Rules if the accused is 
given a proper opportunity to inspect such document while 
preparing and making his defence. 
(4) If an accused is brought to trial by court-martial or is dealt 
with summarily by an appropriate superior authority, any 
declaration which has been made in his case under sub-rule (1) 
shall be attached to the record of the proceedings of the courtmartial 
or to the record made by the appropriate superior authority 
as the case may be 
Deviations from 
the forms in the 
Schedules. 
100. A deviation or omission from a form or form of words set 
out in a Schedule to these Rules shall not, by reason only of such 
deviation or omission, render any document, act or proceeding 
invalid, 
Cases not covered 
by Rules. 
101. In any case not provided for by these Rules such course 
shall be adopted as appears best calculated to do justice.

RULES OF PROCEDURE ġS.L.220.04 39 
FIRST SCHEDULE 
(Rules 4, 8, 9 and 88) 
Forms for commanding officers 
(1) Delay report. 
(2) Summary of evidence. 
(3) Abstract of evidence. 
(4) Certificate to be attached to abstract of evidence after it has been handed to 
the accused. 
(5) Summons to a witness to attend the taking of a summary of evidence. 
(1) Delay Report 
Unit Address: 
..................................................................................................................... 
Tel: ............................................................................................................. 
To: ......................................... 
(Convening officer) 
To: Attorney General. 
............ Eight day delay report pursuant to the Malta 
Armed Forces Act, article 81(2) 
Number, rank, name of accused ............................................................................. 
Date placed in arrest ..................................... ............... 
Alleged Offence(s) Date of Alleged Offence(s) 
............................................................ ............................................................ 
The accused is in close arrest. 
open 
The reasons for his retention are ......................................................................... 
The abstract of evidence - Ġ was taken on ....................... .................... 
summary has not yet been taken because 
................................................................. 
Application for trial Ġ was made on .......................... ................ 
(has not yet been made because 
................................................................

40 ġS.L.220.04 RULES OF PROCEDURE 
Reasons for delay since last report ........................................................................ 
Date ......................................... ........................ 
........................................................ 
Officer commanding accused’s unit 
(To be signed personally by the C.O.) 
(2) Summary of Evidence 
Summary of evidence in the case of ......................................................... 
(number, rank, name, unit, or other description). 
Taken by the commanding officer of the accused (........................................) 
(rank, name, unit) on the direction of the commanding officer of the accused). 
................ (number, rank, name, unit or other description) having been duly sworn 
states - 
(Cross-examined by the accused) 
Question 1 ................................... 
Answer 1 ................................... 
or 
(The accused declines to cross-examine this witness)
............................................. 
(Signature and rank (if any) 
of witness) 
or 
........................... (number, rank, name, unit, or other description). 
A written statement of this witness’s evidence purporting to be signed by him has 
been read to the accused and is included in this summary at page ............... Having 
regard to ...................... . 
(insert ground for non-attendance of witness - see rule 8(b)) - the attendance of 
this witness cannot in my opinion be readily procured. 
(The accused does not demand the attendance of this witness for cross- 
A G. Ġ (was consulted on ....................................... ........................ 
(has not yet been consulted because ............................. 
A.G’s 
advice Ġ (received on .............................................. .......................... 
(has not yet been received 
Action Ġ is being taken Ġ on A.G advice as follows ................. 
has been taken ........................................................ 
D a t e o f 
trial Ġ has not yet been fixed 
has been fixed as ........................ ...................

RULES OF PROCEDURE ġS.L.220.04 41 
examination). (The accused demands the attendance of this witness for crossexamination 
but the witness is not compellable and has refused to attend.) 
.............................................. 
Signature of officer taking the 
summary of evidence) 
The accused having been duly cautioned in accordance with Rule of Procedure 
8(c) reserves his defence 
or 
The accused having been duly cautioned in accordance with Rule of Procedure 
8(c) elects (to give evidence on oath) (to make a statement without being sworn) and 
to call a witness(es). 
The accused .............................................. (number, rank, name, unit or other 
description) having been duly sworn states - 
.............................................. 
(Signature and rank (if any) of 
accused if he signs) 
....................................................... (number, rank, name, unit or other 
description) having been duly sworn states - 
.............................................. 
(Signature and rank 
(if any) of witness) 
Certified that Rule of Procedure 8 has been complied with. 
This summary of evidence was taken by me at ....................................................... 
.................. in the presence and hearing of the accused on the .......................... 
day(s) of ................... . 
.............................................. 
(Signature and rank of officer 
taking the summary of evidence) 
(3) Abstract of evidence 
Abstract of evidence in the case of .......................................................... (number, 
rank, name, unit, or other description) consisting of the .............................. (insert 
the number of statements) attached statements and ..................................... (insert 
the number or precis) precis of evidence of witnesses for the prosecution and 
compiled by me (the commanding officer of the accused)(............................. on the 
direction of the commanding officer of the accused). 
Date ........................ .............................. 
.................................. 
(Signature and rank)

42 ġS.L.220.04 RULES OF PROCEDURE 
(4) Certificate to be attached to abstract of evidence 
Certified that I ........................................................ on the ................................... 
d a y o f . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . h a n d e d t o t h e a c c u s e d 
..................................... a copy of the abstract of evidence relating to him dated the 
................................. day of .......................... ............ and duly cautioned him in 
accordance with Rule of Procedure 9(2) and that (on the ................................... day 
of ........................ ............. he elected to make and sign the statement which is 
marked ....................................... and attached to this certificate) (he did not make a 
statement). 
Dated ..................................... ................. 
................................................. 
(Signature of certifying officer) 
(5) Summons to a witness to attend the taking of a summary of evidence 
To ................................................... 
WHEREAS a charge has been preferred against .................................................... 
AND WHEREAS I have directed a summary of the evidence to be taken at 
........................................... on the ............................... day of ......................... 
................. 
YOU ARE, PURSUANT TO ARTICLE 107 OF THE MALTA ARMED FORCES 
ACT, AND RULE 88 OF THE RULES OF PROCEDURE, MADE THEREUNDER 
HEREBY SUMMONED and required to attend as a witness for the taking of the said 
summary of evidence at ..................................... on the ................................ day of 
................................. ....................at ................. o’clock in the ......... noon and to 
bring with you the documents hereinafter mentioned, viz: 
.............................................................................................................................. 
.............................................................................................................................. 
.............................................................................................................................. 
Whereof shall fail at your peril 
Given under my hand at ..................................on the ............................... day of 
................................. ..................... 
........................................................ 
(Signature, rank and unit) 
Commanding Officer of the accused.

RULES OF PROCEDURE ġS.L.220.04 43 
Amended by: 
SECOND SCHEDULE L.N. 39 of 1973. 
(Rules 12 and 13) 
Charge-Sheets 
(1) Commencement of charge-sheets. 
(2) Statements of offences. 
(3) Illustrations of charge-sheets. 
(1) Commencement of Charge-Sheets 
Malta Armed Forces Act 
Article 178 
(1) (i) The accused ....................................... (name and unit, etc., with which employed) being 
subject to military law under article 178(1)(i) of the Malta Armed Forces Act, is charged 
with - 
(1) Ġ(a) 
(b) 
(c) 
(d) 
(e) 
ĦT h e a c c u s e d . . . . . . . . . . . . . . . . . . . 
(number, rank, name and unit) 
being subject to military law 
under article 178(1) Ġ (a) 
(b) 
(c) 
(d) 
(e) 
Ħof the Malta Armed Forces 
Act is charged with - 
Ġa warrant officer Ħ (1) (f) 
The accused ......................... 
(number, rank, name and 
unit) 
a non-commissioned 
officer 
of the regular force is 
charged with - 
a soldier 
Ġa warrant officer Ħ (1) (g) The accused ......................... 
number, rank, name and unit) 
a non-commissioned 
officer 
of the Armed Forces 
of Malta 
a man 
reserve Ġ when called out on permanent service Ħis charged with 
undergoing training 
employed in Government service in 
employment of which it is an express 
condition that while employed therein he 
is to be subject to military law 
Ġa warrant officer Ħ (1) (h) The accused ......................... 
number, rank, name and unit) 
a non-commissioned 
officer of the territorial force 
a man 
ì 
when embodied 
ü when called out on special service 
undergoing training 
í
î 
attending a Ġ drill 
parade ý
þ is charged with - 
serving on the permanent staff of the 
territorial force

44 ġS.L.220.04 RULES OF PROCEDURE 
Article 179 
Article 130 
(2) Statements of offences 
Malta Armed Forces Act 
Treachery, cowardice and offences arising out of military service 
Article 37 
Article 38 
Article 39 
(1) Cowardice before the enemy contrary to article 39(1) of the Malta Armed Forces Act. 
(2) Inducing cowardice before enemy contrary to article 39(2) of the Malta Armed Forces Act. 
Article 40 
(a) Spreading reports relating to operations calculated to create despondency or unnecessary alarm, 
contrary to article 40(a) of the Malta Armed Forces Act. 
(b) When before the enemy using words calculated to create despondency or unnecessary alarm 
contrary to article 40 (b) of the Malta Armed Forces Act. 
(1) ĦThe accused ......................................................................................... (name and brief 
description) being liable to trail by court-martial under article 179 Ġ(1)Ħ 
of the Malta Armed Forces Act, Ġ(2)Ħ 
(2) is charged with 
(1) ĦThe accused ............................(name) formerly ................................... (former military 
description including the manner in which the accused was formerly subject to military 
law set out in accordance with the appropriate form in this Schedule) and now liable to 
trial by court-martial under the provisions of article 130 Ġ(1)Ħ 
Ġ(2)Ħ 
(2) of the Malta Armed Forces Act, is charged with - 
(1) Ġ(a) 
(b) 
(c) 
(d) 
(e) 
ĦAiding the enemy with intent 
contrary to article 37(1) Ġ (a) 
(b) 
(c) 
(d) 
(e) 
Ħof the Malta Armed Forces 
Act 
(2) Knowingly and without lawful excuse doing an act 
specified in paragraph Ġ (a) 
(b) 
(c) 
(d) 
(e) 
Ħo f a r t i c l e 3 7 ( 1 ) o f t h e 
Malta Armed Forces Act, 
contrary to article 37(2) of 
the said Act. 
(3) Negligently causing the Ġcapture 
destruction Ħb y t h e e n e m y o f t h e f o r c e ’ s 
aircraft contrary to article 37(3) of 
the Malta Armed Forces Act 
(1) 
Ħ Ġ 
Communicating with Ħ the enemy 
contrary to article 
38 Ġ (1) 
Ħ of the 
M a l t a 
Armed 
F o r c e s 
Act 
(2) 
Giving intelligence to (2) 
(3) Disclosing information contrary to article 38 (3)

RULES OF PROCEDURE ġS.L.220.04 45 
Article 41 
(1) Being captured through disobediences or wilful neglect contrary to article 41(1) of the Malta 
Armed Forces Act. 
Article 42 
Article 43 
Mutiny and insubordination 
Article 44 
(2) Ġ Failure to take Ħ a person from taking Ħ r e a s o n a b l e s t e p s a f t e r 
capture to rejoin the force 
contrary to article 41(2) of 
the Malta Armed Force 
Act 
Preventing 
Discouraging 
(1) 
ĠĠ 
Sleeping at his post 
when on Ħ 
guard duty 
d u t y c o n t r o l l i n g 
movement Ħ 
contrary to article 
42(1)(a) 
of the 
M a l t a 
Armed 
F o r c e s 
Act 
Sleeping when on 
guard duty 
d u t y c o n t r o l l i n g 
movement 
contrary to article 
42(1)(b) 
Drunkenness when 
on 
guard duty 
d u t y c o n t r o l l i n g 
movement 
contrary to article 
42(1)(c) 
Ġ Leaving 
his post 
Absenting 
himself Ħ when 
on Ġ guard duty 
duty controlling 
movement Ħ contrary to 
a r t i c l e 
42(1)(d) 
of the 
M a l t a 
Armed 
F o r c e s 
Act 
(3) Ġ 
Striking 
Using force against Ħ
Ġ 
a person on Ġ
Ħ 
guard duty 
d u t y c o n t r o l l i n g 
movement Ħ c o n t r a r y 
to article 
4 2 ( 3 ) o f 
the Malta 
Armed 
F o r c e s 
Act 
Compelling a person 
on 
guard duty 
d u t y 
c o n t r o l l i n g 
movement 
to let a person pass 
(a) 
(b) 
(c) Ħ Looting contrary to article 43 Ġ (a) 
(b) 
(c) Ħ o f t h e M a l t a 
Armed Forces 
Act 
(1) (a) Mutiny Ġ with violence Ħ contrary to article 44(1)(a) of the Malta 
Armed Forces Act 
relating to the enemy 
(1) (b) Incitement to mutiny Ġ with violence Ħ contrary to article 44(1)(b) of 
the Malta Armed Forces Act 
relating to the enemy 
(2) Ġ Mutiny Ħ contrary to article 44(2) of the Malta Armed Forces Act Incitement to 
mutiny

46 ġS.L.220.04 RULES OF PROCEDURE 
Article 45 
(a) Failing to suppress or prevent mutiny contrary to article 45(a) of the Malta Armed Forces Act. 
(b) Failing to report mutiny contrary to article 45(b) of the Malta Armed Forces 
Article 46 
Article 47 
(1) Disobeying a lawful command with wilful defiance of authority contrary article 47(1) of the Malta 
Armed Forces Act. 
(2) Disobeying a lawful command contrary to article 47(2) of the Malta Armed Forces Act. 
Article 48 
Article 49 
(1) Disobedience to standing orders contrary to article 49(1) of the Malta Armed Forces Act. 
Desertion, absence without leave, etc. 
Article 50 
(1) (a) Desertion contrary to article 50(1)(a) of the Malta Armed Forces Act. 
Article 51 
(a) Absence without leave contrary to article 51(a) of the Malta Armed Forces Act. 
(1) (a) ĠStriking Ġ his superior officer contrary to 
article 46(1)(a) of the Malta Armed 
Forces Act 
Using Ħ violence to 
Offering 
(1) (b) Using Ġ threatening Ħ language to his superior officer 
contrary to article 46(1)(b) of the 
Malta Armed Forces Act insubordinate 
(a) Obstructing a Ġprovost officer Ħ contrary to article 48(a) of the 
Malta Armed Forces Act 
person exercising 
authority under or 
o n b e h a l f o f a 
provost officer 
(b) 
Refusing to assist a Ġprovost officer Ħ contrary to article 48(b) of the 
Malta Armed Forces Act 
person exercising 
authority under or 
o n b e h a l f o f a 
provost officer 
(1) (b) Ġ Persuading Ħ a person to desert contrary to article 50(1)(b) of the Malta Armed 
Forces Act Procuring 
(b) Ġ Persuading Ħ a person to absent himself without leave contrary to article 51(b) of the 
Malta Armed Forces Act Procuring

RULES OF PROCEDURE ġS.L.220.04 47 
Article 52 
(a) Assisting a person to desert or absent himself contrary to article 52(a) of the Malta Armed 
Forces Act. 
Article 53 
Article 54 
Malingering and drunkenness 
Article 55 
Article 56 
(1) Drunkenness contrary to article 56(1) of the Malta Armed Forces Act 
Offences relating to property 
Article 57 
(b) Failing toĠreport without delay ĦĠa deserter or absentee Ħcontrary to article 
52(b) of the Malta 
Armed Forces Act 
take steps to cause the 
apprehension of 
a person attempting to 
desert or absent himself 
Making a false statement to Ġobtain Ħleave contrary to article 53 of the Malta 
Armed Forces Act prolong 
Failing to attend for a military duty Ħ contrary to article 54 of the Malta 
Armed Forces Act Leaving a military duty without permission 
(1) Ġ (a) Ħ Malingering contrary to article 55(1) Ġ (a) Ħ of the Malta 
Armed 
Forces Act 
(b) (b) 
(c) (c) 
(d) (d) 
(1) (a) ĠStealing 
Fraudulently misapplying Ħ p r o p e r t y 
contrary to 
a r t i c l e 
57(1)(a) of 
the Malta 
Armed 
Forces Act 
B e i n g 
concerned in Ħ the Ġstealing of Ġ public Ħ Conniving at f r a u d u l e n t 
misapplication of 
service 
(1) (b) Ġreceives Ħstolen goods 
Ħwhere such 
goods were Ġ public 
service Ħ p r o p e r t y 
c o n t r a r y t o 
article 57(1)(b) 
o f t h e M a l t a 
Armed Forces 
Act 
undertakes or 
assists in the 
r e t e n t i o n 
d i s p o s a l o r 
realisation of 
goods 
fraudulently 
misapplied 
(1) (c) Ġ Wilfully damaging ĦĠ public 
service Ħ p r o p e r t y c o n t r a r y t o 
article 57(1)( c) of the 
Malta Armed Forces Act 
Being concerned in the wilful 
damage of 

48 ġS.L.220.04 RULES OF PROCEDURE 
Article 58 
Article 59 
(1) (d) Ġ By wilful neglect damaging Ġ public 
service Ħ property by fire contrary to 
article 57(1)(d) of the Malta 
Armed Forces Act 
(1) (e) By wilful 
neglect causing Ġdamage to 
the loss of ĦĠ public 
service ĦĠ Ħ c o n t r a r y 
t o a r t i c l e 
57(1)(e) of 
the Malta 
Armed 
Forces Act 
aircraft 
aircraft 
material 
(1) (f) Ġ W i t h o u t l a w f u l a u t h o r i t y 
disposing of public or service Ġ aircraft 
aircraft 
material 
Ħ contrary to article 57(1)(f) of the 
Malta Armed Forces Act 
(2) Causing the Ġsequestration by or under 
the authority of 
destruction in Ħ a neutral state of the force’s aircraft contrary 
to article 57(2) of the Malta Armed Forces Act 
(a) ĠStealing 
property contrary to 
article 58(a) of the 
Malta Armed 
Forces Act 
Fraudulently misapplying 
Being concerned in Ħ the Ġstealing of fraudulent 
misapplication of Ħ Conniving at 
(b) Ġreceives 
undertakes or assists in the 
r e t e n t i o n , d i s p o s a l o r 
realisation of 
Ħstolen goods 
goods 
fraudulently 
misapplied 
Ħwhere such goods belonged to a person 
subject to military law contrary to 
article 58(b) of the Malta Armed Forces 
Act 
(c) ĠWilfully damaging 
Being concerned in the wilful damage of Ħproperty contrary to article 58(c) of the 
Malta Armed Forces Act 
(a) ĠLosing 
Negligently damaging ĦĠ public 
service Ħproperty contrary to article 59(a) of the 
Malta Armed Forces Act 
(b) By negligence Ġ losing 
damaging ĦĠ aircraft 
aircraft 
material 
contrary to article 59(b) of the Malta 
Armed Forces Act

RULES OF PROCEDURE ġS.L.220.04 49 
Offences relating to and by persons in custody 
Article 60 
(1) (b) Failing to release a person in arrest contrary to article 60(1)(b) of the Malta Armed Forces Act. 
(2) Failing to report the offence for which a person has been placed in custody contrary to article 
60(2) of the Malta Armed Forces Act. 
(3) (a) Failing to give in writing information relating to a person committed to his charge as a guard 
commander contrary to article 60(3)(a) of the Malta Armed Forces Act. 
(3) (b)Failing to hand in a report relating to a person in custody received by him as guard commander 
contrary to article 60(3)(b) of the Malta Armed Forces Act. 
Article 61 
(1) Wilfully allowing a person to escape contrary to article 61(1) of the Malta Armed Forces Act. 
(2) (a)Releasing a person without authority contrary to article 61(2)(a) of the Malta Armed Forces Act. 
(2) (b)Allowing the a person to escape contrary to article 61(2)(b) of the Malta Armed Forces Act. 
Article 62 
(c) Being guilty 
of Ġ an act 
neglect Ħlikely to cause 
damage to or the loss 
of Ġ aircraft 
aircraft 
material Ħcontrary to article 
59(c) of the Malta 
Armed Forces Act 
(d) Negligently damaging Ġ public 
service Ħproperty by fire contrary to article 59(d) of the 
Malta Armed Forces Act 
(e) ĠLosing 
Negligently damaging Ħhis equipment contrary to article 59(e) of the 
Malta Armed Forces Act 
(f) Neglect of Ġan animal 
a bird Ħcontrary to article 59(f) of the Malta Armed Forces Act 
(g) Making away with Ġ a decoration 
granted to him 
his equipment Ħcontrary to article 59( g) of the Malta 
Armed Forces Act 
(1) (a) Delaying Ġ an investigation 
a trial Ħcontrary to article 60(1)(a) of the Malta Armed 
Forces Act 
(1) ĠRefusing to obey Ħan officer who orders him into arrest 
contrary to article 62(1) of the Malta 
Armed Forces Act 
Striking 
Using Ħviolence to Offering

50 ġS.L.220.04 RULES OF PROCEDURE 
Article 63 
Escaping from custody contrary to article 63 of the Malta Armed Forces Act 
Offences in relation to courts-martial 
Article 64 
Article 65 
(1) Making a false statement contrary to article 65(1) of the Malta Armed Forces Act 
Miscellaneous Offences 
Article 66 
Making a false answer on enlistment contrary to article 66 of the Malta Armed Forces Act 
(c) Failing to make an entry in a service document with intent to defraud contrary to article 67(c) of 
the Malta Armed Forces Act. 
(2) ĠStriking Ħ Ġ w h o s e d u t y i t i s t o 
apprehend him Ħcontrary to 
article 62(2) 
of the Malta 
Armed 
Forces Act 
Using Ħ violence to a person 
Offering in whose custody he is 
(1) Ġ 
(a) 
Ħ Contempt of a court-martial contrary 
to article 64(1) Ġ 
(a) 
Ħ of the Malta 
Armed 
Forces Act 
(b) (b) 
(c) (c) 
(d) (d) 
(e) (e) 
(f) (f) 
(a) ĠMaking Ħa false Ħservice document contrary to article 67(a) 
of the Malta Armed Forces Act Signing 
Making a false entry in a 
(b) ĠAltering Ħa service document contrary to article 67(b) of the 
Malta Armed Forces Act 
Altering an entry in 
Making away with 
Suppressing 
Defacing 
(d) B e i n g 
party to Ġ
making Ħ a false 
s e r v i c e 
document Ħcontrary to article 67(d) of 
the Malta Armed Forces 
Act 
signing 
making a false entry in a Ħ altering a 
altering an entry in a 
making away with a 
suppressing a 
defacing a 
failing to make an entry in a service 
document with the intent to defraud

RULES OF PROCEDURE ġS.L.220.04 51 
Article 68 
Article 69 
Scandalous conduct unbecoming the character of an officer and a gentleman contrary to article 69 of the 
Malta Armed Forces Act 
Article 70 
Article 71 
Article 72 
(a) Making a false accusation contrary to article 72(a) of the Malta Armed Forces Act 
Article 73 
Attempting to commit a military offence contrary to article 73 of the Malta Armed Forces Act, that is 
to say (set out the offence). 
Article 74 
Civil Offences 
Article 75 
Committing a civil offence contrary to article 75 of the Malta Armed Forces Act, that is to say 
........................... (here describe the civil offence in such words as sufficiently describe the offence). 
Committing an offence against 
the Ġ person 
property Ħ of a member of a civil population outside 
Malta contrary to article 68 of the Malta 
Armed Forces Act 
(a) Ġ Striking 
Ill-treating Ġan officer of inferior rank or less 
senority Ħcontrary to article 70(a) of 
the Malta Armed Forces Act 
a warrant officer 
a non-commissioned officer 
another man of the force 
(b) Ġ Striking 
Ill-treating Ġa warrant officer Ħof inferior rank 
or less senority 
contrary to 
article 70(b) of 
the Malta Armed 
Forces Act 
a non-commissioned officer 
another man of the force 
Disgraceful conduct of Ġ a cruel 
an indecent 
an unnatural Ħkind contrary to article 71 of the Malta Armed 
Forces Act 
(b) Ġ Making a false statement 
Wilfully suppressing a material fact Ħin a complaint contrary to article 72(b) of the 
Malta Armed Forces Act 
An act 
Conduct 
Neglect Ħto the prejudice of good order and military discipline contrary to article 74 of the 
Malta Armed Forces Act

52 ġS.L.220.04 RULES OF PROCEDURE 
(3) Illustrations of charge-sheets 
CHARGE-SHEET 
The accused No. 213 Private John Borg, 1st Regiment, Royal Malta Artillery, a soldier of the regular 
force is charged with - 
1st charge STEALING PUBLIC PROPERTY CONTRARY TO ARTICLE 57(1)(a) OF 
THE MALTA ARMED FORCES ACT 
in that he 
at Mosta on 1st January, 1971 stole a pair of binoculars, public property. 
2nd charge (alternative 
to 1st charge) 
RECEIVING STOLEN GOODS CONTRARY TO ARTICLE 57(1)(b) OF 
THE MALTA ARMED FORCES ACT 
in that he 
at Mosta on 1st January, 1971 stole a pair of binoculars, public property, 
knowing or believing the same to be stolen. 
B.C. VELLA, Lieut.-Colonel 
Commanding 1st Regiment, 
Royal Malta Artillery 
Commanding officer of the accused 
Sliema 
16th January, 1971 
To be tried by District Court-Martial. 
A D. GRIMA, Colonel 
Deputy Commander. 
Valletta 
17th January, 1971. 
CHARGE SHEET 
The accused No. 462 Corporal John Bartolo, a non-commissioned officer 
of the reserve force when called out on permanent service, and No. 632 
Private Paul Zarb, a man of the territorial force when embodied, both of the 
3rd Regiment. Royal Malta Artillery, are charged with - 
Both accused jointly 
1st charge COMMITTING A CIVIL OFFENCE CONTRARY TO ARTICLE 75 OF THE 
MALTA ARMED FORCES ACT,THAT IS TO SAY WILLFUL DAMAGE TO 
PROPERTY 
in that they 
at Msida on 1st January, 1971 wilfully damaged a car belonging to Joseph 
Pace. 
Corporal Bartolo only 
2nd charge STRIKING HIS SUPERIOR OFFICER CONTRARY TO ARTICLE 46(1)(a) 
OF THE MALTA ARMED FORCES ACT 
in that he 
when on active service at Sliema on 1st January 1971 struck No. 562 
Sergeant V. Galea, 3rd Regiment, Royal Malta Artillery. 
Private Zarb only 
3rd charge USING INSUBORDINATE LANGUAGE TO HIS SUPERIOR OFFICER 
CONTRARY TO ARTICLE 46(1)(b) OF THE MALTA ARMED FORCES 
ACT. 
in that he

RULES OF PROCEDURE ġS.L.220.04 53 
when on active service at Sliema on 1st January, 1971 said to No. 562 
Sergeant V.Galea, 3rd Regiment, Royal Malta Artillery, when asked by him 
for his (the accused’s) particulars "Don’t be nosey" or words to that effect. 
A.M. BRIFFA, Lieutenant-colonel. 
Commanding, 3rd Regiment, 
Royal Malta Artillery. 
Commanding officer of the accused. 
Sliema 
9th January, 1971. 
To be tried by Field General Court-Martial
P.M. SULTANA, Captain. 
Staff Captain "A", authorised to sign for 
Commander. 
Valletta 10th January, 1971.

54 ġS.L.220.04 RULES OF PROCEDURE 
THIRD SCHEDULE 
(Rule 18) 
Record of proceedings before an appropriate superior authority 
ACCUSED’S NUMBER, RANK AND NAME .................................................................... 
................................................... UNIT .............................................................................. 
1. Questions to be put to the accused by the officers dealing with the case 
before the charge is read. 
Q. Have you received a copy of the charge-sheet and (summary)(abstract) 
of evidence not less than 24 hours ago' 
A. ............................................................................................................... 
Q. Have you had sufficient time to prepare your defence' 
A. ............................................................................................................... 
2. The officer dealing with the case shall the read the charge(s) to the accused 
and ask him the following question - 
Q. Have you agreed in writing that the witnesses against you need not give 
their evidence in person' 
A. ............................................................................................................... 
3. If the accused has agreed in writing that the witnesses against him need not 
give their evidence in person the officer dealing with the case shall read the 
summary or abstract of evidence to the accused if the accused so requires but, if the 
accused has not so agreed, the witnesses against him shall give their evidence in 
person and it shall be recorded on a separate sheet and be attached to this record. 
4. After the summary or abstract of evidence has been read or the witnesses 
against the accused have given their evidence, as the case may be, the officer dealing 
with the case shall say to the accused: 
Q. Do you wish to give evidence on oath or to make or hand in a statement 
without being sworn' Your evidence or statement may deal with the 
facts of the case, with your character and with matters in mitigation of 
punishment. 
A. ............................................................................................................... 
Q. Do you wish to adduce any other evidence in your defence' 
A. ............................................................................................................... 
5. If the accused elects to give evidence or to make a statement or to call 
witnesses the evidence for the defence including any statement made by the accused 
himself shall be recorded on a separate sheet and attached to this record. The officer 
dealing with the case shall then (i) consider all the evidence and determine whether 
the accused is guilty of the offence or not; and (ii) if he determines that the accused 
is guilty examine and consider the accused’s record of service. If he intends to award 
the punishment of forfeiture of seniority of rank or of forfeiture of a sum from pay or 
of stoppages or the finding will involve a forfeiture of pay or, in the case of a 
civilian, if he intends to award any punishment, he shall not announce and record his 
finding unless the accused says in answer to the following question that he will 
accept his award. 
Q. Will you accept my award or do you elect to be tried by court-martial' 
A. .................................................................................................................................

RULES OF PROCEDURE ġS.L.220.04 55 
6. Finding 
Award........................................................................................................... 
Date ........................... ................ 
....................................................... 
(Signature, rank and appointment of 
appropriate superior authority)

56 ġS.L.220.04 RULES OF PROCEDURE 
FOURTH SCHEDULE Amended by: 
L.N. 101 of 1973. 
(Rules 20, 64, 68, 77, 88, 89, 92, 93, 94, 98 and 99) 
Court-Martial Forms 
(1) Convening orders. 
(2) Declaration under rules 98 and 99. 
(3) Summons to a witness to attend a court-martial. 
(4) Notices requiring oral evidence to be given in lieu of a written 
statement. 
(5) Record of proceedings of the court-martial. 
(6) Findings. 
(7) Record of reconsideration of finding under rule 77(5). 
(8) Service record of accused. 
(9) Record of proceedings on revision under article 110 of the Act. 
(10) Confirmation. 
(11) Determination by a confirming officer or reviewing authority of a 
suspended sentence and direction that sentences are to run concurrently 
or consecutively. 
(12) Restitution order. 
(13) Promulgation. 
(1) Convening orders. 
CONVENING ORDERS FOR A (GENERAL) (DISTRICT) COURT-MARTIAL 
Orders by ....................................................................................................................... 
........................................................................................................................ 
(Place and date) .................................................................................................... 
The detail of officers as mentioned below will assemble at ................................. 
..............................at ........................ hours on the ........................ day of 
............................. ................ for the purpose of trying by a (general) (district) 
court-martial the accused person(s) named in the margin. 
President Name etc., of 
accused 
....................................................................................... 
Members .......................... 
....................................................................................... .......................... 
....................................................................................... .......................... 
Waiting members 
....................................................................................... 
Judge Advocate* 
The Judge Advocate has been appointed by or on behalf of the Attorney General. 
or

RULES OF PROCEDURE ġS.L.220.04 57 
..................................................................... is hereby appointed judge advocate. 
The record of the proceedings will be forwarded to ............................................... 
....................................................................................................................... 
Signed this ........................... day of ....................... ................................ 
(Signature, rank and appointment of the convening officer) 
or 
.............................................................................................................................. 
(Signature, rank and appointment of the appropriate staff officer) 
Authorised to sign for ........................................................................... 
(appointment held by the convening officer) 
*Strike out if not applicable. 
CONVENING ORDER FOR A FIELD GENERAL COURT-MARTIAL 
Orders by .............................................................................................................. 
(Place and date) .................................................................................................... 
In the opinion of the convening officer it is not possible without serious detriment 
to the public service that the accused should be tried by a general or district courtmartial. 
The detail of officers as mentioned below will assemble at .................................... 
at ............................. hours on the ...................... day of ............................ 
................ for the purpose of trying by a field general court-martial the following 
accused person(s) (name etc., of accused). 
President Name etc., of 
accused 
....................................................................................... 
Members .......................... 
....................................................................................... .......................... 
....................................................................................... .......................... 
Waiting members 
....................................................................................... 
Judge Advocate* 
The Judge Advocate has been appointed by or on behalf of the Attorney General. 
or 
* Ġ 
In the opinion of the convening officer the necessary number of 
military officers having suitable qualifications is not available to 
form the court and cannot be made available with due regard to the 
public service. 
* Ġ A field officer having suitable qualifications is not in the opinion of 
the convening officer available with due regard to the public 
service.

58 ġS.L.220.04 RULES OF PROCEDURE 
..................................................................... is hereby appointed judge advocate. 
The record of the proceedings will be forwarded to ............................................... 
................................................................................................................................ 
Signed this ............................. day of ........................... ............................. 
................................................... 
(Signature, rank and appointment 
of the convening officer) 
or 
................................................... 
(Signature, rank and appointment 
of the appropriate staff officer) 
Authorised to sign for ........................................................................................... 
(appointment held by the convening officer) 
* Strike out if not applicable. 
(2) Declaration under rule 98 and 99 
Declaration under Rule of Procedure 98 
In the case of ........................................................................................................ 
I ........................................ (the officer who (is) (would be) responsible for 
convening a court-martial to try the accused) (the senior officer on the spot) hereby 
declare that in my opinion the following exigencies of the service namely 
................................................................................................................................ 
................................................................................................................................ 
render compliance with the following provisions of the Rules of Procedure ............... 
................................................................................................................................ 
impracticable. 
Signed at ........................... this ........................... day of ......................... ............ 
............................................. 
(Signature) 
* Ġ 
In the opinion of the convening officer the necessary number of 
military officers having suitable qualifications is not available to 
form the court and cannot be made available with due regard to the 
public service. 
* Ġ Three officers having suitable qualifications are not in the opinion 
of the convening officer available without serious detriment to the 
public service. 
* Ġ It is not in the opinion of the convening officer practicable to 
appoint an officer other than himself as president.

RULES OF PROCEDURE ġS.L.220.04 59 
Declaration under Rule of Procedure 99 
In the case of ........................................................................................................ 
I ............................................. (the officer who (is) (would be) responsible for 
convening a court-martial to try the accused) (the senior officer on the spot) hereby 
declare that in my opinion the ......................................... contain(s) information the 
disclosure of which would or might be directly or indirectly useful to an enemy. 
Signed at ........................... this ........................... day of ......................... ............ 
............................................. 
(Signature) 
(3) Summons to a witness to attend a court-martial 
To ................................................. 
WHEREAS a court-martial (has been ordered to assemble at .........................)(has 
assembled at .............................................) on the ................................. day of 
..............................., of .................. for the trial of ...................................... . 
YOU ARE, PURSUANT TO ARTICLE 107 OF THE MALTA ARMED FORCES 
ACT, AND RULE 88 OF THE RULES OF PROCEDURE, MADE THEREUNDER 
HEREBY SUMMONED and required to attend as a witness at the sitting of the said 
court at ............................ on the ........................ day of ....................... .............. at 
.................. o’clock in the .................. noon and to bring with you the documents 
hereinafter mentioned, viz. 
.............................................................................................................................. 
.............................................................................................................................. 
and so attend from day to day until you shall be duly discharged, whereof you shall 
fail at your peril. 
Given under my hand at ............................ on the ................... day of 
.................................., .................. . 
............................................. 
...................................................... 
(Signature, rank and appointment) 
An officer authorized to convene a 
court-martial* 
President of the court* 
............... Authorised to sign for ............... 
An officer authorized to convene a 
court-martial* 
*Strike out if not applicable.

60 ġS.L.220.04 RULES OF PROCEDURE 
(4) Notices requiring oral evidence to be given in lieu of a written statement 
Notice by a commanding officer 
To ............................................... 
I ......................................................... commanding ............................................. 
hereby give notice that I require that ................................................................. shall 
give oral evidence in lieu of (his) (her) written statement dated, ............................. 
at your forthcoming trial by court-martial. 
Dated ......................... ................... . 
........................................... 
(Signature and rank) 
Commanding officer of the accused. 
Notice by an accused 
To ............................................. commanding ...................................................... 
I ................................................... hereby give notice that I require that 
............................. shall give oral evidence in lieu of (his) (her) written statement 
dated ...................................... at my forthcoming trial by court-martial. 
Dated ......................... ................... . 
........................................... 
(Signature) 
(5) Record of proceedings of a court-martial 
A Page 1 
Record of proceedings of a court-martial 
Proceedings of a .......................................... court-martial held at .................. on 
the .................................. day of ..................... by order of ....................................... 
................................................................................................................................ 
dated the .................. day of ................. .............. . 
PRESIDENT 
MEMBERS 
Judge Advocate 
Trial of ............................................................................................................ 
The court comply with the Rule of Procedure 24. 
................................ not being available owing to ................................................ 
................................................................................................................................ 
the president appoints ........................................... a qualified waiting member to 
take his place. 
The accused is brought before the court. 
Prosecutor ...................................................................... 
Defending (officer) (Counsel) ........................................... 
At ........................................... hours the trial begins.

RULES OF PROCEDURE ġS.L.220.04 61 
The convening order is read in the hearing of the accused, marked ........................ 
signed by the president or judge advocate and attached to the record. 
The names of the president and members of the court are read in the hearing of the 
accused and they severally answer to their names. 
Q. Do you object being tried by me as president, or by any of the officers 
whose names you have heard read' 
A. .............................................................................................................. 
The proceedings relating to the objection(s) are recorded 
on ................................................................................................................. 
B Page 2 
Swearing 
The president of the court and judge advocate are duly sworn. 
The (following) officers under instruction (listed on ............ page) are duly sworn. 
Q. Do you object to ............................ as shorthand writer' 
A. .............................................................................................................. 
................................................... is duly sworn as shorthand writer. 
Q. Do you object to .............................. as interpreter' 
A. .............................................................................................................. 
................................................... is duly sworn as shorthand writer. 
Special pleas and objections 
* The accused offers a plea to the jurisdiction under Rule of Procedure 34. The 
proceedings relating to his plea are recorded on page ........ . 
* The accused objects to the ...................... charge(s) under Rule of Procedure 35. 
The proceedings relating to his objection(s) are recorded on page ................ . 
* The accused offers (a) plea(s) in bar of trial under Rule of Procedure 36 in 
respect of the ...................... charge(s). The proceedings relating to his plea(s) are 
recorded on page .............. . 
* The accused ........................... applies under Rule of Procedure 37 to be tried 
separately. The proceedings relating to his application are recorded on page ............. 
* The accused applies under Rule of Procedure 38 to have charges ..................... 
and ......................... tried separately. The proceedings relating to his application are 
recorded on page ........ . 
* Strike if not applicable.

62 ġS.L.220.04 RULES OF PROCEDURE 
C1 Page ........ 
Arraignment 
The charge-sheet is read to the accused and he is arraigned on each charge. 
The charge-sheet is signed by the president or judge advocate and inserted in the 
record immediately before this page as page(s) ............. . 
Q. Are you guilty or not guilty of the first * charge against you which you 
have heard read' 
A. .............................................................................................................. 
Q. Are you guilty or not guilty of the second charge against * you which 
you have heard read' 
A. .............................................................................................................. 
Q. Are you guilty or not guilty of the third charge against * you which you 
have heard read' 
A. .............................................................................................................. 
Q. Are you guilty or not guilty of the fourth charge against * you which 
you have heard read' 
A. ............................................................................................................. 
Q. Are you guilty or not guilty of the fifth charge against * you which you 
have heard read' 
A. .............................................................................................................. 
Q. Are you guilty or not guilty of the sixth charge against * you which you 
have heard read' 
A. .............................................................................................................. 
* The accused having pleaded guilty to the ........................ charge(s) Rule 
of Procedure 40 is duly complied with in respect of (this) (these) 
charge(s). 
* The accused’s pleas to the remaining charges are recorded overleaf. 
* Strike out if not applicable 
C2 Page ........ 
Q. Are you guilty or not guilty of the seventh charge against * you which 
have heard read' 
A. .............................................................................................................. 
Q. Are you guilty or not guilty of the eighth charge against * you which 
you have heard read' 
A. .............................................................................................................. 
Q. Are you guilty or not guilty of the ninth charge against * you which you 
have heard read' 
A. .............................................................................................................. 
Q. Are you guilty or not guilty of the tenth charge against * you which you 
have heard read' 
A. ..............................................................................................................

RULES OF PROCEDURE ġS.L.220.04 63 
Q. Are you guilty or not guilty of the eleventh charge against * you which 
you have heard read' 
A. .............................................................................................................. 
Q. Are you guilty or not guilty of the twelfth charge against * you which 
you have heard read' 
A. .............................................................................................................. 
* Strike out if not applicable 
D1 Page ........ 
Proceedings on plea(s) of not guilty 
Q. Do you wish to apply for an adjournment on the ground that any of the 
rules relating to procedure before trial have not been complied with, and 
that you have been prejudiced thereby, or on the ground that you have 
not had sufficient opportunity for preparing your defence' 
A. .............................................................................................................. 
The prosecutor (makes an opening address shortly outlining the 
facts) (makes an opening address which is summarised below) (hands in 
a written address which is read, signed by the president or judge 
advocate, marked and attached to the record). 
D2 Page ........ 
The witnesses for the prosecution are called 
.............................................................................................................................. 
being duly sworn says: 
continued on page ........... 
D3 Page ........ 
Proceedings on plea(s) of not guilty (continued) 
The prosecution is closed. 
The accused submits under Rule of Procedure 55 that there is no case for him to 
answer in respect of the ............... charge(s). The proceedings relating to this 
submission are recorded on pages .......... . 
Defence 
Rule of Procedure 56 is complied with 
Q. Do you apply to give evidence yourself on oath or do you wish to make 
a statement without being sworn' 
A. ..............................................................................................................

64 ġS.L.220.04 RULES OF PROCEDURE 
Q. Do you intend to call any other person as a witness in your defence' 
A. .............................................................................................................. 
Q. Is he a witness as to fact or to character only' 
A. .............................................................................................................. 
Q. Do you wish to make an opening address' 
A. .............................................................................................................. 
* The accused (makes an opening address which is summarised below) 
(hands in a written address which is read, signed by the president or 
judge advocate, marked ....................... and attached to the record). 
* Strike out if the accused does not intend to call witnesses as to fact, other than 
himself. 
D4 Page ........ 
(Where the accused makes a statement without being sworn) 
The accused (makes a statement, which is recorded on page............ )(hands in a 
written statement which is read, marked ............... and signed by the president or 
judge advocate, and attached to the record). 
(Where evidence on oath is given for the defence) 
The witnesses for the defence (including the accused if sworn) are called. 
.............................................................................................................................. 
being sworn says - 
continued on page ............. 
D5 Page ........ 
Proceedings of plea(s) of not guilty (continued) 
The ....................... (makes a closing address which is summarised on page 
..............) (hands in a closing address which is read, marked .................. signed by 
the president or judge advocate and attached to the record). 
The ........................ (makes a closing address which is summarised on page 
.......... ) (hands in a closing address which is read, marked signed by the president or 
judge advocate and attached to the record). 
The note of the summing-up of the judge advocate is recorded on page ............. . 
Finding(s) 
The court close to deliberate on their finding(s). 
The court find that the accused ......................................................................... is:

RULES OF PROCEDURE ġS.L.220.04 65 
Announcement of Finding(s) 
The court being re-opened the accused is again brought before it. 
The finding(s) (is) (are) read and (with the exception of the finding(s) of "not 
guilty") (is) (are) announced as being subject to confirmation. 
Proceedings on acquittal on all charges 
The accused is released. 
Signed at ....................... this ....................... day of ....................... ................. 
................................ ................................. 
Judge Advocate President 
E Page ........ 
Proceedings on plea(s) of guilty 
The accused ......................................................................................................... 
is found guilty of 
The finding(s) (is) (are) read in open court and (is) (are) announced as being 
subject to confirmation. 
The (summary) (abstract) of evidence is read to the court by the prosecutor, 
marked, signed by the president or judge advocate and attached to the record. 
or 
The prosecutor informs the court of the facts contained in the (summary) 
(abstract) of evidence which is marked ........ signed by the president or judge 
advocate and attached to the record. 
F1 Page ........ 
Proceedings on conviction 
Note: F2 should be completed before F1 if the accused has pleaded not guilty to 
all charges. F1 should normally be completed before F2 if the accused has pleaded 
guilty to any charge but the president may in his direction complete F2 before F1 if 
there is no danger of the accused making an inconsistent plea. 
Q. Do you wish to give evidence yourself or to call other witnesses as to 
your character or in mitigation of punishment' 
A. .............................................................................................................. 
The evidence for the defence as to the accused’s character and in 
mitigation of punishment, is recorded on pages........ 
Q. Do you wish to address the court in mitigation of punishment' 
A. ..............................................................................................................

66 ġS.L.220.04 RULES OF PROCEDURE 
The .................. (makes an address in mitigation of punishment, which is 
summarised (below) (on page .....)) (hands in an address in mitigation of 
punishment, which is read, marked ...................., signed by the president or judge 
advocate and attached to the record). 
The list of offences which the court have, at the request of the accused, agreed to 
take into consideration is read to the accused, signed by him, marked ........., signed 
by the president or judge advocate and attached to the record. 
Final question addressed to the accused personally. 
* Strike out if F1 is complete before F2. 
F2 Page ........ 
Proceedings on conviction 
Note: F2 should be completed before F1 if the accused has pleaded not guilty to 
all charges. 
The prosecutor calls evidence as to the accused’s character and record. 
Q. Do you produce the service record of the accused' 
A. I produce ............................................................................................... 
Q. Have you compared it with the service books' 
A. .............................................................................................................. 
Q. Do the entries on it correspond with the entries in the service books' 
A. .............................................................................................................. 
The ............................................ is read, marked ......................................... 
signed by the president or judge advocate and attached to the record. 
The accused (declines) (elects) to cross-examine this witness (and the crossexamination 
is recorded on pages ...............). 
The prosecutor adduces evidence under Rule of Procedure 68(3) which is recorded 
on pages ............ 
Final question addressed to the accused personally. 
Q. Is there anything further that you wish to say to the court' 
A. .............................................................................................................. 
The accused makes a statement which is recorded on page....... 
The court close to deliberate on sentence. 
* Strike out if F2 is completed before F1. 
* Ġ 
Q. Is there anything further that you wish to say to the court' 
A. ........................................................................................... 
The accused makes a statement which is recorded on page .. 
The court close to deliberate on sentence.

RULES OF PROCEDURE ġS.L.220.04 67 
G Page ........ 
Sentence 
The court sentence the accused ............................................................................. 
to ............................................................................................................................. 
Announcement of sentence 
The court being re-opened, the accused is again brought before it. 
The sentence (and recommendation to mercy) (is) (are) announced in open court; 
the sentence is announced as being subject to confirmation. 
The president announces that the trial is concluded. 
Signed at .............................. this .......................day of ................. .............. 
................................ ................................. 
Judge Advocate President 
H Page ........ 
Confirmation 
(6) Findings 
Acquittal on all charges 
not guilty of (the charge) (all the charges). 
not guilty of (the charge) (all the charges), and honourably acquit him thereof. 
Acquittal on some but not all charges 
not guilty of the ............... charge(s) but is guilty of the .................. charge(s). 
not guilty of the .................. charge (s) and honourably acquit him thereof but is 
guilty of the ............... charge(s).

68 ġS.L.220.04 RULES OF PROCEDURE 
Conviction on all charges 
guilty of (the charge) (all the charges). 
Special findings 
guilty of the ................... charge (with the exception of the words .......................) 
(with the exception that .................) 
not guilty of the offence charged but guilty of ..................... 
No finding on alternative charge 
guilty of the .......................... charge; the court record no finding on the 
............................... (alternative) charge. 
Where accused is unfit to stand his trial 
Unfit to stand his trial 
Acquittal by reason of insanity 
not guilty by reason of insanity.

RULES OF PROCEDURE ġS.L.220.04 69 
(7) Record of reconsideration of finding under Rule 77(5) 
The judge advocate advises the court that the finding(s) on the .............................. 
charge(s) (is) (are) contrary to the law relating to the case, and that in his opinion the 
following finding(s) (is) (are) open to them: 
.............................................................................................................................. 
The court is closed for reconsideration of finding. 
The court on reconsideration find that the accused is ....................... 
The finding(s) on reconsideration (is) (are) read in open court and (with the 
exception of the finding(s) of "not guilty") (is) (are) announced as being subject to 
confirmation. 
(8) Service record of accused 
Service record of accused 
Number Rank Name Regiment or Corps 
............. ............. ............. .......................... 
1. He was enlisted on .......... .............. and commissioned on ..................... 
.................... . 
2. He is serving on a ............................... 
3. His age is ................. years. 
4. He is single/married/separated/ widowed and has ......... children under 
the age of 16 years. 
5. His gross rate of pay is ........... per day, but he is ................. . 
6. His reckonable service towards discharge or transfer to the reserve is 
................. years. 
7. His reckonable service towards pension, gratuity, etc., is ........... years. 
8. (i) He is entitled to the following decorations and awards: 
(ii) The following acts of gallantry or distinguished conduct are 
recorded in his conduct sheet: 
9. He holds the substantive rank of ................ with seniority from 
................... ............ and has held the acting rank of ................. 
continuously since .................. ............. . 
10. He has been awaiting trial for ............... days since he was first, in 
connection with the matters for which he is before the court, charged or 
placed in arrest, of which ............ days were spent in civil custody, 
................. days were spent in close arrest and ................. days were 
spent in open arrest. 
11. (He is not now under sentence) (He is now under sentence of ................. 
beginning on ................. ................. but suspended on ................. and 
(not yet put into operation again) (put into operation on ................. 
.................)). 
12. According to his conduct sheets, he has been found guilty by his 
commanding officer or by the commandant of a military establishment 
of the following offences:

70 ġS.L.220.04 RULES OF PROCEDURE 
In the last During his 
12 months service 
For times times 
For times times 
For times times 
For times times 
For times times 
13. The details, according to his conduct sheets, of offences of which he has 
been convicted by court-martial or of which he has been found guilty 
during his service by a civil court, offences of which he has been found 
guilty by an appropriate superior authority and of dispensations with 
trials under article 87 of the Malta Armed Forces Act, are set out in the 
Schedule hereto. 
(9) Record of proceedings on revision under article 110 of the Act 
At ....................... on the ....................... day of ......................... at ................. 
hours the court re-assembled by order of ............................. the confirming officer 
for the purpose of re-considering their finding(s) on the....................... charge(s). 
Present ................................................................................................................. 
................................................................................................................................ 
The order directing the re-assembly of the court and giving the reasons therefor is 
read, marked ....................... signed by the president and attached to the record. 
This Schedule herein before referred to 
No. Rank Name of Regiment or 
Corps 
Description of 
court, 
appropriate 
superior 
authority, or 
officer 
dispensing with 
trial 
Date and place of 
trial summary 
dealing, or of 
order dispensing 
with trial 
Charges on 
which convicted 
or found guilty, 
offences taken 
into 
consideration and 
offences in 
respect of which 
trial was 
dispensed with 
Sentence or order 
of the court as 
confirmed, award 
of appropriate 
superior 
authority or order 
of the officer 
dispensing with 
trial 
Punishment 
remitted on 
review or 
reconsideration 
........................ ........................ ........................ ........................ ........................ 
........................ ........................ ........................ ........................ ........................ 
........................ ........................ ........................ ........................ ........................ 
........................ ........................ ........................ ........................ ........................ 
........................ ........................ ........................ ........................ ........................ 
........................ ........................ ........................ ........................ ........................ 
........................ ........................ ........................ ........................ ........................ 
........................ ........................ ........................ ........................ ........................ 
........................ ........................ ........................ ........................ ........................

RULES OF PROCEDURE ġS.L.220.04 71 
I HEREBY CERTIFY that this form and schedule contain a summary of entries in 
the service books relating to the accused. 
Signed this ........................... day of ........................ ................ 
........................................................ 
(Name, rank and appointment of officer signing) 
The court having considered the observations of the confirming officer and the 
whole of the record of the proceedings do now revoke their finding(s) on the 
..................... charge(s) and find the accused ..................... is ..................... and 
(adhere to their sentence) (sentence the accused to .................................................... 
............................................................................................................................... 
in substitution of the original sentence). 
or 
The court having considered the observations of the confirming officer 
respectfully adhere to their finding(s) on the ..................... charge(s) (and to their 
sentence) (but sentence the accused ..................... to ..................... in substitution 
for the original sentence). 
or 
The court having considered the observations of the confirming officer and the 
whole of the record of the proceedings do now revoke their finding(s) on the 
..................... charges) and find the accused ..................... not guilty of (that) (those) 
charge(s). 
Signed at ..................... this ..................... day of ..................... ..................... . 
................................ ................................. 
Judge Advocate President 
(10) Confirmation 
NOTE: These forms are for guidance only and do not constitute an exhaustive list 
of all the possible variations and should be adapted to the circumstances of each 
case. 
Confirmed. 
I confirm the court’s finding(s), sentence and order under article 142 of the Malta 
Armed Forces Act, but (remit ..............) (commute ................). 
I confirm the court’s finding(s), sentence and order under article 142 of the Malta 
Armed Forces Act, but mitigate the sentence so that it shall be as follows -

72 ġS.L.220.04 RULES OF PROCEDURE 
I vary the sentence so that it shall be as follows ........ and confirm the finding and 
sentence as so varied. 
I confirm the finding(s) and sentence but (postpone the carrying out of the 
sentence of..................... until .....................) (suspend the sentence of ...................) 
I confirm the finding(s) but substitute the sentence of ..................... 
....................for the sentence of the court. 
I substitute a finding of ............................... for the finding of the court and 
confirm the sentence but (remit)(commute..................... ) 
I substitute a finding of..................... for the finding of the court on the charge and 
confirm the finding(s) of the court on the .....................charge(s) and the sentence. 
Not confirmed (on the grounds that .....................) 
I confirm the finding(s) of the court on the ................................. charge(s) but do 
not confirm their finding(s) on the ..................... charge(s) (on the grounds that 
..................... ). I confirm the sentence but (remit ..................... (commute 
.....................) 
I refer the finding(s) and sentence to ..................... for confirmation. 
I confirm the finding(s) of the court on the .............................. charge(s) and refer 
the finding(s) on the ..................... charge(s) and the sentence to ..................... for 
confirmation. 
I confirm the finding(s) of the court but refer the sentence to ............... for 
confirmation. 
(The record) (Part of the record) of the proceedings of the ..................... courtmartial 
which tried ..................... at ....................................on the ..................... day 
of ............................. having been lost I do not confirm the finding(s) of the court.

RULES OF PROCEDURE ġS.L.220.04 73 
Signed at ..................... this ..................... day of ..................... ..................... . 
.................................................. 
(Signature, rank and appointment 
of confirming officer) 
(11) Determination by a confirming officer or reviewing authority of a suspended 
sentence and direction that sentences are to run concurrently or consecutively. 
I ........................ (the confirming officer) (the reviewing authority) hereby order 
the accused to be committed to (imprisonment) (detention) under the sentence 
passed on him by the court-martial held at ................... on the ................. day of 
..................... and direct that that sentence and the sentence passed on the accused by 
(this court-martial) (the court-martial held at a ..................... on the ..................... 
day of ......................... .................) shall run (concurrently) (consecutively). 
(Date) ..................... (Signature) ............................ 
(12) Restitution order 
In accordance with sub-article of article 142 of the Malta Armed Forces Act, I 
hereby order that ..................... be (delivered) (paid) to ..................... . 
(Date) ..................... (Signature) ........................................ 
(Confirming Officer) 
(Reviewing authority) 
(13) Promulgation 
Promulgated and extracts taken at ........................... (place) ................. this 
........................... day of ........................... .......... . 
(Signature, rank and appointment of officer making the promulgation)

74 ġS.L.220.04 RULES OF PROCEDURE 
Amended by : 
L.N. 101 of 1973. FIFTH SCHEDULE 
(Rules 18 and 74) 
Sentences 
(1) Sentences. 
(2) Forfeiture of seniority of rank. 
(3) Determination of a suspended sentence and direction that sentences are 
to run concurrently or consecutively. 
(4) Restitution order. 
(1) Sentences 
Note: The words in the margin should be entered in the right-hand 
margin of the record of the proceedings of a court-martial opposite the 
record of the sentence. 
Officers 
To suffer imprisonment for life. Imprisonment 
for life 
To be imprisoned for .............. and to be cashiered. Imprisonment 
and cashiering 
To be cashiered. Cashiering. 
To be dismissed from the service. Dismissal. 
(For form of sentence see (2) below). Forfeiture of 
s e n i o r i t y o f 
rank. 
To be fined ..................... Fine. 
To be (severely reprimanded) (reprimanded). ( S e v e r e 
r e p r i m a n d ) 
(Reprimand). 
To be put under stoppages of pay until he has made good 
the sum of ............. in respect of ...................... . 
Stoppages.

RULES OF PROCEDURE ġS.L.220.04 75 
Warrant officers and non-commissioned officers 
in the Armed Forces of Malta 
To suffer imprisonment for life. Imprisonment 
for life 
To be imprisoned for ....................... and to be reduced to 
the ranks. 
Imprisonment 
and reduction 
to the ranks. 
To be dismissed with disgrace from the service. Dismissal with 
disgrace. 
To be dismissed from the service. Dismissal. 
To undergo detention for .................. and reduced to the 
ranks. 
Detention and 
r e d u c t i o n t o 
the ranks. 
To undergo field punishment for .............. days and to be 
reduced to the ranks. 
F i e l d 
p u n i s h m e n t 
and reduction 
to the ranks. 
To be dismissed from the Territorial Reserve (noncommissioned 
officers of the Territorial Reserve only). 
Dismissal from 
the Territorial 
Reserve. 
To be reduced (to the ranks)(to the rank of ...........) (Reduction to 
the ranks). 
(Reduction to 
..............). 
(For forms of sentences see (2) below). Forfeiture of 
s e n i o r i t y o f 
rank. 
To forfeit ................... service. Forfeiture of 
service. 
To forfeit ................ days pay. Forfeiture of 
pay.

76 ġS.L.220.04 RULES OF PROCEDURE 
To be fined ..................... Fine. 
To be (severely reprimanded) (reprimanded). ( S e r v e r e 
r e p r i m a n d ) 
(Reprimand). 
To be put under stoppages of pay until he has made good 
the sum of .............. in respect of ............. . 
Stoppages. 
Soldiers 
To suffer imprisonment for life. Imprisonment 
for life 
To be imprisoned for ................ Imprisonment. 
To be dismissed with disgrace from the service. Dismissal with 
disgrace. 
To be dismissed from the service. Dismissal. 
To undergo detention for ................ . Detention. 
To undergo field punishment for .................. days. F i e l d 
punishment. 
To be dismissed from the Territorial Reserve (men of the 
Territorial Reserve only). 
Dismissal from 
the Territorial 
Reserve. 
To forfeit ................ service. Forfeiture of 
service. 
To forfeit ..........days’ pay. Forfeiture of 
pay. 
To be fined ..................... . Fine.

RULES OF PROCEDURE ġS.L.220.04 77 
(2) Forfeiture of seniority of Rank 
Officers 
To take seniority in the rank of ........ in the force and in his corps as if his 
appointment to that rank bore date the ................. day of .................. or where the 
officer’s rank of seniority in the force and rank or seniority in his corps differ 
To take seniority in the rank of .......... in the force as if his appointment to that 
rank bore date the ................ day of ................. ................. and to take seniority in 
the rank of ................. in his corps as if his appointment to that rank bore date the 
...................................... day of ................. . 
Warrant officers and non commissioned officers in the Armed Forces of Malta 
To take seniority in the rank of ................. as if his appointment to that rank bore 
the date the ................. day of ................. ................. . 
or 
To take seniority in the rank of .................................. as if his name appeared next 
below .................................. in the .................................. promotion roll serial No. 
................. dated the ................. day of ................., ................. . 
(3) Determination of a suspended sentence and direction that 
sentences are to run concurrently or consecutively 
The court hereby order the accused to be committed to (imprisonment) (detention) 
under the sentence passed on him by the court-martial held at ................. on the 
................. day of ................. ........... and direct that that sentence and the sentence 
passed on the accused by this court-martial shall run (concurrently) (consecutively). 
(4) Restitution order 
In accordance with sub-article ...... of article 142 of the Malta Armed Forces Act, 
the court hereby order that ...............be (delivered) (paid) to ................. . 
To be put under stoppages of pay until he has made good 
the sum of ............. in respect of ................. 
Stoppages.

78 ġS.L.220.04 RULES OF PROCEDURE 
SIXTH SCHEDULE 
(Rule 32) 
Oaths and affirmations 
(1) Oaths at investigations by commanding officers and appropriate 
superior authorities. 
(2) Oaths at courts-martial. 
(3) Manner of administering oaths. 
(4) Solemn affirmations. 
(1) Oaths at investigations by commanding officers and appropriate 
superior authorities. 
Interpreter 
I swear by Almighty God that I will to the best of my ability interpret and translate 
as I shall be required to do touching the matter being investigated. 
Witness 
I swear by Almighty God that the evidence which I shall give at this investigation 
shall be the truth, the whole truth and nothing but the truth. 
Child or young person 
I promise before Almighty God that the evidence which I shall give at this 
investigation shall be the truth, the whole truth and nothing but the truth. 
(2) Oaths at courts-martial 
President and members 
I swear by Almighty God that I will well and truly try the (accused) (accused 
persons) before the court according to the evidence and that I will duly administer 
justice according to the Malta Armed Forces Act, without partiality, favour or 
affection, and I do further swear that I will not on any account at any time 
whatsoever disclose or discover the vote or opinion of the president or any member 
of this court-martial, unless thereunto required in due course of law. 
Judge Advocate 
I swear by Almighty God that I will to the best of my ability carry out the duties of 
judge advocate in accordance with the Malta Armed Forces Act, and the rules made 
thereunder and without partiality, favour or affection, and do further swear that I will 
not on any account at any time whatsoever disclose or discover the vote or opinion 
on any matter of the president or any member of this court-martial, unless thereunto 
required in due course of law.

RULES OF PROCEDURE ġS.L.220.04 79 
Officer under instruction 
I swear by Almighty God that I will not on any account at any time whatsoever 
disclose or discover the vote or opinion of the president or any member of this courtmartial, 
unless thereunto required in due course of law. 
Shorthand writer 
I swear by Almighty God that I will truly take down to the best of my power the 
evidence to be given before this court-martial and such other matters as may be 
required, and will, when required, deliver to the court a true transcript of the same. 
Interpreter 
I swear by Almighty God that I will to the best of my ability truly interpret and 
translate, as I shall be required to do, touching the matter before this court-martial. 
Witness 
I swear by Almighty God that the evidence which I shall give before this courtmartial 
shall be the truth, the whole truth, and nothing but the truth. 
Child or young person 
I promise before Almighty God that the evidence which I shall give before this 
court-martial shall be the truth, the whole truth and nothing but the truth. 
(3) Manner of Administering oaths 
Christians taking the oath shall, unless female, remove their head-dress and, 
holding the Cross or the Bible or New Testament (according to their beliefs) in their 
right hand, say to or repeat after the person administering the oath the words of the 
oath. Jews shall take the oath in the same manner except that they shall wear their 
head-dress and hold the Old Testament in their right hand. 
(4) Solemn affirmations 
The person making a solemn affirmation shall say to or repeat after the person 
administering the solemn affirmation the words of the appropriate form of oath 
except that for the words "I swear by Almighty God" he shall substitute the words "I 
(name in full) do solemnly, sincerely and truly declare and affirm" and for the word 
"swear" wherever it occurs the words "solemnly, sincerely and truly declare and 
affirm".

80 ġS.L.220.04 RULES OF PROCEDURE 
SEVENTH SCHEDULE 
(Rule 97) 
Petitions 
Petition to confirming officer (before confirmation) 
To the confirming officer. 
I .......................... having been convicted by a court-martial on ..................... at 
.......................... and having been sentenced to ................ hereby petition against 
the finding(s) on the ...................... charge(s) and the sentence on the following 
grounds - 
................................................................................................................................ 
.............................................................................................................................. 
Signed ............................................ 
Dated ............................................ 
Appeal petition to the Commander (after promulgation) 
To the Commander 
I ........ having been convicted by court-martial on ........... at . ............. and having 
had the finding(s) and sentence promulgated to me on ...................... hereby petition 
against the finding(s) on the ...................... charge(s) (and the sentence) on the 
following grounds: ................................................................................................... 
Signed ............................................ 
Dated ............................................ 
Petition to reviewing authority (after promulgation) 
To ............................. 
I .......... having been convicted by court-martial on . ......... at .......... and having 
been sentenced .................................. and having had the finding(s) and sentenced 
promulgated to me on ............... hereby petition against the finding(s) on the 
..................... charge(s) and sentence on the following grounds: .............................. 
............................................................................................................................... 
Signed ............................................ 
Dated ............................................

