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Article 44 Dispute on facts after guilty plea

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This rule applies where the accused has pleaded guilty to any charge, but the prosecutor does not accept the factual basis on which that plea is made.

(2)

Before the court records a finding of guilty in respect of that charge, any issue of fact may be tried and the prosecutor and the accused may call any witness to give evidence about the facts of the case.

(3)

The court shall sit in closed court while deliberating on its finding on the issue of fact.

(4)

The finding of the court on the issue of fact shall be determined by a majority of the votes of the members of the court and announced in open court by the president.

(5)

The judge advocate shall not be present while the other members of the court are deliberating on the issue of fact and shall not be entitled to vote on the finding.