# The Armed Forces (Summary Hearing and Activation of Suspended Sentences of Service Detention) Rules 2009, Rule 22: Sentencing

Extent: E+W+S+N.I.

(1) Where this rule applies the commanding officer shall give the accused an opportunity to—
(a) adduce evidence as to his character;
(b) make a plea in mitigation.
(2) Where the accused adduces the evidence of a witness as to his character—
(a) such evidence may be given orally or in writing;
(b) if the witness gives evidence in writing—
(i) his evidence shall be read to the commanding officer by the accused or his accused’s assisting officer; and
(ii) the accused shall provide the commanding officer with a copy of the evidence;
(c) the commanding officer shall give the accused an opportunity to question the witness; and
(d) the commanding officer may question the witness after the accused has had the opportunity to do so.
(3) Subject to rules 19 and 23(2), after hearing any evidence as to character and any plea in mitigation the commanding officer shall—
(a) if the accused admitted the charge, determine that the charge has been proved and record his finding;
(b) subject to rule 23(2) award one or more punishments, in accordance with section 131(4)(b) of the Act;
(c) give his reasons for deciding on the sentence passed, in accordance with section 252(1)(a) of the Act; and
(d) remind the accused of—
(i) his right of appeal under section 141 of the Act;
(ii) his right to seek independent legal advice on whether to exercise his right of appeal; and
(iii) if service detention has been awarded, his right to make an election under whichever of sections 290(2) and 291(2) of the Act applies.

---
Source: https://www.legislation.gov.uk/uksi/2009/1216/rule/22 (the official version)
Page: https://openlegislation.uk/armed-forces-summary-hearing-and-activation-of-suspended-sentences-of-service-detention-rules-2009/rule-22
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.