What must the opinion statement to the military court contain, and when must it reach the court after the indictment is served?
General information · Not legal advice
Material to check
The practice file to read here holds the certified copy of the indictment with the proof showing the date it was served, the opinion statement as filed with the court's receipt stamp, and any written statement by the accused refusing to make a statement.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading follows the provision's own duty: the accused or defence counsel shall submit to the military court, within the period the provision sets from the day the copy of the indictment was served, a written opinion stating whether the charges are admitted and giving views on the preparatory proceedings, so the date of service on the copy is what starts the period.
Another reading marks the proviso as a permission rather than a replacement: where the accused refuses to make a statement, the provision allows a statement recording that refusal, while the text does not exclude also filing the ordinary opinion, and the content list ends with 'etc.', leaving what further views may be included open.
Your judgment
What consequence follows from an opinion statement that reaches the military court after the period the provision sets?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change what the statement must contain, the period it sets, or the consequences of a late filing, or if a court decision settles any of those points.