104. Requirements for appearance of counsel. -(1) Where an accused person gives notice of his intention to have counsel to assist him during the trial either on the day on which is informed of the charge or at any time not being less than seven days before the trial, or such shorter time before the trial as in the opinion of the court would have enabled the prosecutor to obtain, if he had thought fit, counsel to assist him during the trial or where such notice is given to the accused on the part of the prosecution, counsel may appear at the court-martial to assist the accused.
(2) If the convening officer so directs, counsel may appear on behalf of the prosecutor, but in that case, unless the notice under sub-rule (1) has been given by the accused, notice of the direction for counsel to appear shall be given the accused at such time (not in any case less than seven days) before the trial, as would, in the opinion of the court, have-enabled the accused to obtain counsel to assist him at the trial.
(3) The counsel, who appears before a court-martial on behalf of the prosecutor or accused, shall have the same right as the prosecutor or accused for whom he appears, to call and orally examine, cross-examine and re-examine witnesses, to make an objection or statement, to address the court, to put in any plea and to inspect the proceedings and shall have the right otherwise to act in the course of the trial in the place of the person on whose behalf he appears, and be shall comply with these rules as if he were that person, and in such case that, person shall not have the right himself to do any of the above matters except as regards the statement allowed by sub-rule (3) of rule 62 or sub-rule (2) or rue 66 or except so far as the court pen-nits him so to do.
(4) When counsel appears on behalf of the prosecutor, the prosecutor, if called as a witness may be examined and re-examined as any other witness and clauses (c) and (d) of rule 64 shall not apply.
| 