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The Courts-Martial (Army) Rules 1997

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Dispute on facts after finding of guilty

53.—(1) Where after the court has recorded a finding of guilty in respect of any charge there are disputed facts in the case, any issue of fact may be tried.

(2) Where an issue of fact is being tried in accordance with this rule—

(a)the judge advocate may direct the prosecutor to call any witness to give evidence, and

(b)the prosecutor and the accused may, with the leave of the judge advocate, adduce evidence.

(3) The court shall sit in closed court while deliberating on its finding on the issue of fact.

(4) The finding of the court on the issue of fact shall be determined by a majority of the votes of the members of the court and announced in open court.

(5) In the case of an equality of votes on the finding on the issue of fact, the president shall have a second or casting vote.

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