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The Courts-Martial (Army) Rules 1997

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Alternative charges

47.—(1) Where an accused pleads guilty to the first of two or more alternative charges, the court, if it accepts the plea, shall record a finding of guilty in respect of that charge and shall give the prosecutor leave to discontinue proceedings in respect of any alternative charge or charges.

(2) Where an accused pleads guilty to any other of two or more alternative charges, the court shall—

(a)if the prosecutor gives his consent—

(i)record a finding of guilty on any charge to which the accused has pleaded guilty,

(ii)record a finding of not guilty on any alternative charge placed before it on the charge sheet, and

(iii)give the prosecutor leave to discontinue proceedings in respect of any further alternative charge or charges; or

(b)if the prosecutor does not give the consent referred to in sub-paragraph (a) above, proceed as if the accused had pleaded not guilty to all the charges.

(3) If the court records a finding of guilty under paragraph (1) or (2)(a) above and subsequently allows the accused to change his plea under rule 54 below, the court may reinstate and arraign the accused on any alternative charge which was discontinued.

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