At the preparatory hearing in a military court case, who decides an application to inspect or copy documents, and on what basis?
General information · Not legal advice
Material to check
In the practice file of this exercise we read the written application to inspect or copy documents, the list of documents it seeks and the reasons given for it, and the record of the preparatory proceedings showing what the court decided about that application.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading follows the list literally: the military court, in preparatory proceedings, may take the act of deciding whether an application relating to the inspection or copying of documents and other materials is justified, so the application is put to the court at that stage and the court's decision forms part of what the preparatory hearing does.
Another reading notes the provision says the court 'may' take each listed act, so nothing here obliges it to decide such an application at the preparatory hearing rather than later, and the provision does not say who may apply, what makes an application justified, or what follows a refusal.
Your judgment
How could the file show what reasons were given for seeking inspection of a particular document, and how the court recorded its decision?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the list of acts is amended to change or add to this item, or if a decision explains what makes an application to inspect or copy documents justified at a preparatory hearing.