Clause 8

Section 175 of the principal Act is hereby amended by deleting subsection (6) thereof and substituting therefor the following subsections: —“(6) Where a person subject to military law is officially informed that he may be prosecuted for an offence in a subordinate military court, he shall be served with a notice in writing, which shall be explained to him, to the following effect: —“You have been informed that you may be prosecuted for an offence. Do you wish to say anything in answer to the allegation that you have committed the offence? If there is any fact on which you intend to rely in your defence, you are advised to mention it now. If you hold it back till you go to court, your evidence may be less likely to be believed and this may have a bad effect on your case in general. If you wish to mention any fact now, and you would like it written down, this will be done.”.(7) Where a person subject to military law is served with a notice under subsection (6) of this section, he shall forthwith be officially informed, orally or in writing, of the date, place and nature of the offence which he is alleged to have committed.(8) No statement made by an accused person in answer to a written notice served on him pursuant to subsection (6) of this section shall be construed as a statement caused by any inducement, threat or promise as is described in subsection (5) of this section, if it is otherwise voluntary.(9) In subsections (6) and (7) of this section, “officially informed” means informed by an investigating officer referred to in section 171, and empowered by section 172, of this Act to investigate the offence referred to in subsection (6) of this section.”.