- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
21.—(1) Where this rule applies—
(a)the commanding officer or a person authorised by him shall read the case summary to the accused; and
(b)the commanding officer shall ask the accused whether he disputes any of the facts contained in the case summary.
(2) If the accused does not dispute any of the facts contained in the case summary the commanding officer shall treat them as the facts of the case for the purposes of sentencing and rule 22 shall apply.
(a)the accused disputes any of the facts contained in the case summary, and
(b)the commanding officer considers that any of the disputed facts is relevant to sentencing,
he shall determine the facts of the case for the purposes of sentencing and rule 22 shall apply.
(4) For the purposes of making a determination under paragraph (3) the commanding officer shall—
(a)assume that any undisputed facts contained in the case summary are true; and
(b)hear evidence on the disputed facts from—
(i)such witnesses as he considers can give relevant evidence; and
(ii)the accused if he wishes to give evidence.
(5) In determining which witnesses can give relevant evidence for the purposes of paragraph (4)(b)(i) the commanding officer shall take into account any submissions of the accused on that matter.
(6) Where a witness is called to give evidence for the purposes of a determination under paragraph (3)—
(a)the witness shall give evidence orally;
(b)the commanding officer shall give the accused an opportunity to question the witness; and
(c)the commanding officer may question the witness after the accused has had the opportunity to do so.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: