The Armed Forces (Service Civilian Court) Rules 2009

PART 10 ARRAIGNMENT

Arraignment

43.—(1) A defendant shall be arraigned in preliminary proceedings on each charge brought against him, but need not be arraigned on every charge at the same time.

(2) A defendant shall be required to plead separately to each charge on which he is arraigned.

(3) Where a defendant pleads guilty to a charge, the court may accept the plea if satisfied that the defendant 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.

(4) Where the court accepts a plea of a guilty to a charge—

(a) the defendant shall stand convicted of the charge; and

(b) unless there is a further charge against him to which he has not pleaded guilty (or as respects which a plea of guilty has not been accepted by the court), the court administration officer shall appoint a time and place for sentencing proceedings.

(5) Where—

(a) a plea of guilty is not accepted by the court, or

(b) the defendant does not plead (or does not plead intelligibly) to the charge,

the court shall record a plea of not guilty.

Order that charge lie on the file

44.  Where the court accepts a plea of guilty to any charge, it may (with the Director’s consent) order that any other charge—

(a) to which the defendant has not pleaded,

(b) to which the defendant has pleaded not guilty, or

(c) as respects which the court has recorded a plea of not guilty under rule 43(5),

is to lie on the file, not to be proceeded with without the leave of the court or the Court Martial.

Offer of no evidence

45.—(1) Where—

(a) a defendant has pleaded not guilty to a charge, or the court has recorded a plea of not guilty to the charge under rule 43(5), and

(b) the Director indicates that he intends to offer no evidence on the charge,

the court shall record a finding of not guilty in respect of the charge.

(2) A finding of not guilty recorded under this rule shall have effect for all purposes as an acquittal by the court.

Change of plea

46.—(1) At any time before the court determines the finding, a defendant who has pleaded not guilty to the charge may withdraw his plea and substitute a plea of guilty.

(2) But the court may not accept a plea of guilty substituted under paragraph (1) unless satisfied that the defendant understands the matters mentioned in rule 43(3).

(3) At any time before the court passes sentence for an offence, a defendant who has pleaded guilty to the charge of the offence may, with the leave of the court, withdraw his plea and substitute a plea of not guilty.

(4) Where a defendant changes his plea under paragraph (3)—

(a) in the course of sentencing proceedings in relation to the offence, or

(b) in the course of trial proceedings in relation to another charge,

the court shall terminate the proceedings.

Powers of Director after arraignment

47.—(1) After a defendant has been arraigned on a charge, the Director may not exercise any of the powers under section 126(2) without the leave of the court.

(2) Where a defendant has been arraigned and the Director (with leave) exercises any of the powers under section 126(2)(a) to (c) in relation to him, the Director shall serve the amended charge sheet on every defendant in the way that would be required by regulations made under section 128 if the power had been exercised before arraignment.