99. Record in proceedings of transactions of courts-martial. - (1) At a court-martial the judge advocate, or, if there is none, the presiding officer, shall record, or cause to be recorded in the English language, all transactions of that court, and shall be responsible for the accuracy of the record (in these rules referred to as the proceedings); and if the judge advocate is called as a witness by the accused, the presiding officer shall be responsible for the accuracy of the record in the proceedings of the evidence of the judge advocate. (2) The evidence shall be taken down in a narrative form in as nearly as possible the words used; but any case where the prosecutor, the accused person, judge advocate or the court consider it material, the question and answer shall be taken down verbatim. (3) The question which has been objected to, and the tender of any evidence which has been objected to, shall, if the prosecutor or accused so requests, or the court thinks fit, be entered with the -rounds of the objection, and the decision of the court thereon. (4) Where any address by, or on behalf of, the prosecutor or the accused person is not in writing, it shall not be necessary to record the same in the proceedings further or otherwise than the court thinks proper, except that- (a) The court shall in every case make such record of the defence made by the accused as will enable the confirming officer to judge of the reply made by, or on behalf, of the accused to each charge against him; and (b) The court shall also record any particular matters in the address by, or on behalf of, the prosecutor or accused person, which the prosecutor or accused person, as the case may be, requires. (5) The court shall not enter in the proceedings any comment or anything not before the court, or any report of any fact not forming part of the trial; but if any such comment or report seems to the court necessary, the court may forward in to the proper air force authority in a separate document, signed by the presiding officer.
|