PART 7 ARRAIGNMENT

41 Arraignment
1 The accused need not be arraigned on all the charges in the charge sheet at the same time.
2 The accused shall be required to plead separately to each charge on which he is arraigned.
3 Where the court is empowered to make a special finding, the accused may plead guilty to the offence subject to the matters as would merit the special finding.

42 Severance
1 Where—
(a) an accused is charged with more than one offence; or
(b) two or more accused are charged in the same charge sheet,
and the judge advocate rules that the fair trial of an accused may be prejudiced if the charges are not severed or that for any other reason it is desirable that the charges are severed, he may—
(i) order that one or more charges shall be tried by the same court;
(ii) order that only one or more of the accused shall be tried before the same court;
(iii) leave any charge or any accused to be tried by a new court.
2 Where an accused is charged in more than one charge sheet and the judge advocate rules that for any reason it is desirable that the court tries only the charge or charges set out in one charge sheet, he may leave the charge or charges set out in any other charge sheet to be tried by a new court.

43 Guilty plea
1 If the accused pleads guilty to a charge, the judge advocate shall, if it appears necessary to him and before he accepts the plea, satisfy himself that the accused understands—
(a) the nature of the charge;
(b) the general effect of the plea; and
(c) the difference in procedure following pleas of guilty and not guilty.
2 The judge advocate shall not accept a plea of guilty if, having regard to all the circumstances, he considers that he should not accept the plea.
3 Where—
(a) a plea of guilty is not accepted by the judge advocate; or
(b) the accused does not plead to the charge or does not plead to it intelligibly,
the judge advocate shall record a plea of not guilty.

44 Alternative charges
1 Where an accused pleads guilty to the first of two or more alternative charges, the judge advocate, if he accepts the plea, shall record a finding of guilty in respect of that charge and shall give the prosecuting authority 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 judge advocate shall—
(a) if the prosecuting authority 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 him on the charge sheet, and
(iii) give the prosecuting authority leave to discontinue proceedings in respect of any further alternative charge or charges; or
(b) if the prosecuting authority does not give the consent referred to in sub-paragraph (a), proceed as if the accused had pleaded not guilty to all the charges.
3 If the judge advocate records a finding of guilty under paragraph (1) or (2)(a) and subsequently allows the accused to change his plea under rule 49, the judge advocate may reinstate and arraign the accused on any alternative charge which was discontinued.

45 Procedure after not guilty plea
1 This rule applies where the judge advocate has accepted a plea or pleas of not guilty.
2 This rule applies whether the charge sheet is in respect of one or more than one accused.
3 After the judge advocate records a plea of not guilty, he shall direct the court administration officer to list the case for trial by the court-martial.

46 Procedure after guilty plea
1 This rule applies where—
(a) the judge advocate has accepted a plea or pleas of guilty; or
(b) the judge advocate has accepted a plea or pleas of guilty and the prosecuting authority does not proceed to the trial of any charge to which an accused has pleaded not guilty.
2 This rule applies whether the charge sheet is in respect of one or more than one accused.
3 After the judge advocate records a plea of guilty, he shall direct the court administration officer to list the case for sentencing by the court-martial.

47 Pleas of guilty and not guilty on one charge sheet
1 This rule applies where in respect of one charge sheet—
(a) the judge advocate has accepted a plea or pleas of guilty;
(b) a plea or pleas of not guilty have been entered; and
(c) the prosecuting authority proceeds to the trial of any charge on which a plea of not guilty has been entered.
2 This rule applies whether the charge sheet is in respect of one or more than one accused.
3 Unless the judge advocate directs otherwise, the trial of any charge to which an accused has pleaded not guilty shall proceed in accordance with these Rules before the court-martial considers any guilty plea.
4 The prosecuting authority, so far as is possible, shall not—
(a) address the court on any fact, or
(b) lead evidence,
relating to a charge to which any accused has pleaded guilty, except where that fact or evidence relates also to a charge to which any accused has pleaded not guilty.
5 After the court has announced its finding on each charge in respect of which a plea of not guilty has been entered, the court shall be told of any guilty plea.
6 The court shall proceed to sentencing of the accused.