Rule 25 Rectification of errorsI1

United Kingdom

(1)

Where—

(a)

the commanding officer has not yet determined whether the charge has been proved, and

(b)

there has been a failure to comply with any provision of these Rules,

the commanding officer may if possible rectify the failure unless to do so would in his opinion be unfair to the accused.

(2)

Where—

(a)

the commanding officer has determined that the charge has been proved but has not yet awarded a punishment, and

(b)

there has been a failure to comply with rule 22 or any provision of these rules in respect of sentencing,

the commanding officer may if possible rectify the failure unless to do so would in his opinion be unfair to the accused.

Annotations