Article 57 Evidence of character and circumstances

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(1)

If the finding on a charge against the accused is guilty, or the court makes a special finding in accordance with section 67 or 68 of the Act, the court, before deliberating on their sentence, shall whenever possible take evidence of his age, rank and certificate of service, and this shall include–

(a)

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

(b)

particulars of any offence (whether under service law or otherwise) of which the accused has been found guilty during his service and which is entered in the Service records relating to the accused: any convictions treated as spent for the purposes of the Rehabilitation of Offenders Act 1974^f1 are to be clearly marked as such; and

(c)

particulars of the length of time he has been under arrest awaiting trial or in confinement under a current sentence.

(2)

Evidence of the matters referred to in paragraph (1) of this Order may be given, in the case of ratings and ranks by the production of the original Service Certificate, Advancement and Conduct Record Sheet (with attached Naval Penalties and Reports of Offenders); in all other cases the evidence should be given by a witness producing to the court a written statement, including a summary of the entries in the Service records relating to the accused, providing that the witness has in court first verified such a statement to the satisfaction of the court and identified the accused to their satisfaction as the person to whom it relates.

(3)

In addition to the evidence contained in the statement referred to in paragraph (2) of this Order, the court shall also consider any social enquiry report or other evidence in the possession of the naval authorities regarding–

(a)

the accused’s family background and responsibilities and any other circumstances which may have made him more likely to commit the offence charged;

(b)

his general conduct in the Service; and

(c)

particulars of any relevant offences which do not appear in the statement referred to of which the accused has been found guilty by a civil court.

Provided that the court shall not be informed of any such conviction by a civil court unless it is proved in accordance with Section 129B of the Act^f2, or unless the accused has admitted that he has been found guilty of the offence, having first had explained to him the purpose for which such admission was sought.

(4)

Other service records of the accused (including the Divisional Officer Reports), or a duly certified copy of the material entries therein, shall, if he so requests, be produced.

(5)

After paragraph (1), (2), (3) and (4) of this Order have been complied with the accused may—

(a)

give evidence on oath and call witnesses in mitigation of sentence and as to his character; and

(b)

address the court in mitigation of sentence.

Annotations

Footnotes

f1: 1974 c. 53.
f2: Section 129B was inserted by the Armed Forces Act 1971 (c. 33), section 57(1).