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Evidence at courts-martial.
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201.—(1) The rules of evidence to be adopted in proceedings before courts-martial shall be the same as those which are for the time being followed in civil courts.
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(2) (a) In this subsection, the expression “summary of evidence” means evidence in relation to a charge against an accused taken down in writing in accordance with rules of procedure in that behalf.
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(b) Where a statement of evidence given on oath by a witness against an accused is contained in a summary of evidence—
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(i) subject to subparagraph (ii) of this paragraph, the statement may be read as evidence at the trial of the accused by court-martial, if it is proved that—
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(I) the witness is dead or insane or so ill as to be unable to attend the trial, and
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(II) the statement was made in the presence of the accused, and
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(III) the accused or his counsel or representative had an opportunity of cross-examining the witness,
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(ii) if the witness is insane or so ill as to be unable to attend the trial, the statement shall not be read without the accused's consent.
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(3) No person shall at any proceedings before a court-martial be required to answer any question or to produce any document which he could not be required to answer or produce in similar proceedings before a civil court.
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