Rule 82 Evidence before sentencing

(1)

Where practicable, the prosecuting authority shall present to the court information concerning—

(a)

the accused’s age and rank or rate;

(b)

the accused’s service record;

(c)

any recognised acts of gallantry or distinguished conduct on the part of the accused and any decoration to which he is entitled;

(d)

particulars, if known, of any offence (whether under the Act or otherwise) of which the accused has been found guilty (during his service or otherwise), provided that any convictions treated as spent for the purposes of the Rehabilitation of Offenders Act 1974^f1 shall be clearly marked as such;

(e)

particulars, if known, of any formal police caution administered to the accused by a constable in England and Wales or Northern Ireland;

(f)

particulars, if known, of the length of time the accused has been in custody awaiting trial or in custody under a current sentence;

(g)

details of the accused’s pay, terminal benefits and future pension entitlements;

(h)

whether the commanding officer of the accused wishes to retain the accused in his unit; and

(i)

whether the accused elected trial by court-martial.

(2)

Unless the accused requires otherwise and the judge advocate so directs, the matters referred to in paragraph (1) need not be adduced in compliance with the strict rules of evidence.

(3)

The court shall consider any pre-sentence report concerning the accused.

(4)

A record of antecedents signed by the accused may be accepted in evidence by the court under paragraph (1)(d) where the accused has admitted that he has been found guilty of each offence listed in the record and has had explained to him the purpose for which such admission was sought.

Annotations

Footnotes

f1: 1974 c. 53; sections 2 and 6 were amended, and the Schedule was inserted, by the Armed Forces Act 1996 (c. 46), section 13 and Schedule 4.