Rule 12 Election and starting a summary hearingI1

United Kingdom

(1)

Before starting the hearing the commanding officer shall—

(a)

satisfy himself that the accused—

(i)

understands the charge or charges;

(ii)

has had a reasonable time to prepare for the hearing;

(b)

if section 129(1) of the Act applies in respect of one or more charges, give the accused the opportunity to elect Court Martial trial.

(2)

If section 129(1) does not apply or if the accused does not elect Court Martial trial, the commanding officer or a person authorised by him shall start the hearing by—

(a)

reading the charge or charges to the accused; and

(b)

asking him to state whether he admits or denies each charge.

(3)

If the accused admits—

(a)

all of the charges, or

(b)

if only one charge is to be heard, that charge,

rule 21 shall apply.

(4)

If the accused denies—

(a)

one or more of the charges, or

(b)

if only one charge is to be heard, that charge,

the commanding officer shall proceed to hear the evidence and rule 13 shall apply.

(5)

Where the accused neither admits nor denies a charge the commanding officer shall proceed as if the accused had denied that charge.

Annotations

Commencement

I1: Rule 12 in force at 31.10.2009, see rule 1