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The Armed Forces (Summary Hearing and Activation of Suspended Sentences of Service Detention) Rules 2009

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Determination of facts on admission of all charges

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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.

(3) If—

(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.

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