Procedure of courts-martialCentral

Section 107 of The Navy Act, 1957

No witness whose name was not included in the original list of witnesses supplied to the trial judge advocate and the accused in accordance with regulations made under this Act shall be called by the prosecutor unless the trial judge advocate has given notice to the accused of the prosecutor's intention to call such witness and has supplied the accused with a summary of the evidence of such witness.

Summary

This provision creates a strict rule against the prosecution calling surprise witnesses who were not on the original witness list.
The prosecutor cannot call an unlisted witness unless the trial judge advocate gives formal notice to the accused person.
The notice must inform the accused of the prosecutor's intention to call this new witness.
Alongside the notice, the trial judge advocate must also supply the accused with a summary of the evidence that the new witness is expected to give.

Practical examples

1During a 1975 court-martial, Prosecutor Verma discovers a new eyewitness, Seaman Das, who was not on the original witness list. Before Das can testify, the trial judge advocate pauses the proceedings to hand the accused a written notice and a summary of what Das saw.

2A prosecutor tries to quickly call a medical expert to the stand to clarify a point. Because the expert was not on the original list, the defense objects, and the court makes the prosecutor wait until the trial judge advocate provides a summary of the expert's medical report to the accused.

FAQ

1. Can the prosecutor use a surprise witness under Section 107 of the Navy Act?

No, the prosecutor cannot call a witness not on the original list unless the trial judge advocate gives notice and a summary of the evidence to the accused under Section 107 of the Act.

2. Who provides the notice for a new witness under Section 107 of the 1957 law?

Under Section 107 of the naval law, it is the trial judge advocate who must give notice to the accused regarding the prosecutor's intention to call a new witness.

3. What information must the accused receive about a new witness under Section 107 of the defense law?

Under Section 107 of the Act, the accused must receive notice of the intention to call the witness and a summary of the evidence that witness will provide.

Test yourself

Q1.Under Section 107 of The Navy Act, 1957, what must happen before a prosecutor can call a witness whose name was not on the original list?

Q2.According to Section 107 of the naval legislation, whose intention to call the new witness must be communicated to the accused?

Q3.Connecting the rules of a trial opening and witnesses, if a prosecutor examines witnesses under Section 106, what restricts them from calling just anyone under Section 107 of The Navy Act, 1957?

Q4.Under Section 107 of the 1957 defense law, what specific document regarding the new witness must be supplied to the accused?

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