Article 48 Rights of detainees chargedI1

This rule shall apply where a detainee is charged with a breach of discipline under rule 43.

The detainee shall as soon as possible and, in any case, before the time when it is heard—

At any hearing of a charge under these Rules each witness shall give his evidence orally unless the detainee has been supplied in advance with a copy of his statement and agrees otherwise, in which case the written statement made by that witness may be read to the detainee.

The detainee, or in the case of a hearing before an adjudicator his legal representative, shall be allowed to question any witness called by the company commander, commandant or adjudicator.

The detainee may give evidence himself but shall not be compelled to do so. The detainee may call witnesses who shall give their evidence orally and in his presence, or if the company commander, commandant or adjudicator does not require that such a witness gives his evidence orally the detainee may submit a written statement of the witnesses evidence which the company commander, commandant or adjudicator shall read. If the detainee or any witness called by him gives evidence orally the company commander, commandant or adjudicator may question him.

Immediately before reaching his finding the company commander, commandant or adjudicator shall give the detainee or in the case of a hearing before an adjudicator his legal representative an opportunity to address him regarding the facts of the case.

The company commander, commandant or adjudicator shall announce his finding on each charge.

If a charge has been found proved the company commander, commandant or adjudicator shall consider the detainee’s character and any other factors relevant to the punishment and shall, before deciding the punishment, give the detainee, or in the case of a hearing before an adjudicator his legal representative, the opportunity to address him.

The company commander, commandant or adjudicator shall state the punishment awarded in respect of each charge and explain the reasons for the punishment awarded.

Before any hearing conducted before an adjudicator the detainee who has been charged shall be given the opportunity to take legal advice and to arrange legal representation at the hearing.