# The Armed Forces (Summary Hearing and Activation of Suspended Sentences of Service Detention) Rules 2009, Rule 34: The hearing

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

(1) At the hearing the commanding officer shall—
(a) satisfy himself that the offender understands the purpose of the hearing and has had sufficient time to prepare for it;
(b) give the offender an opportunity to adduce evidence as to his character; and
(c) give the offender an opportunity to make submissions either orally or in writing about—
(i) the appropriateness of making an activation order;
(ii) the appropriate terms of such an order if it were made.
(2) Where the offender 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 offender or his offender’s assisting officer; and
(ii) the offender shall provide the commanding officer with a copy of the evidence;
(c) the commanding officer shall give the offender an opportunity to question the witness; and
(d) the commanding officer may question the witness after the offender has had the opportunity to do so.
(3) In considering whether to make an activation order and, if such an order is to be made, what its terms should be the commanding officer shall take into account the following matters—
(a) the details of the offence or offences for which the suspended sentence of service detention was imposed;
(b) such details as are known to the commanding officer of all proven offences committed by the offender during the operational period of the suspended sentence of service detention;
(c) the reasons given for any decision not to make an order under section 191 or 193 of the Act in relation to the suspended sentence of service detention;
(d) any disciplinary record of the offender;
(e) any submissions made by the offender about the matters mentioned in paragraph (1)(c);
(f) any character evidence adduced by the offender;
(g) any other matters that appear to the commanding officer to be relevant.
(4) The commanding officer shall—
(a) inform the offender of his decision as to whether to make an activation order; and
(b) give his reasons for the decision.
(5) If the commanding officer makes an activation order he shall—
(a) inform the offender of the terms of the order;
(b) remind the offender of his right of appeal under section 141 of the Act; and
(c) remind the offender of his right to make an election under whichever of sections 290(2) and 291(2) of the Act, as modified by section 292, applies.

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Source: https://www.legislation.gov.uk/uksi/2009/1216/rule/34 (the official version)
Page: https://openlegislation.uk/armed-forces-summary-hearing-and-activation-of-suspended-sentences-of-service-detention-rules-2009/rule-34
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.