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The Armed Forces (Service Civilian Court) Rules 2009

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Changes over time for: Section 43

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Point in time view as at 01/12/2020.

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There are currently no known outstanding effects for the The Armed Forces (Service Civilian Court) Rules 2009, Section 43. Help about Changes to Legislation

ArraignmentU.K.

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43.—(1) A defendant shall be arraigned in preliminary proceedings on each charge brought against him, but need not be arraigned on every charge at the same time.

(2) A defendant shall be required to plead separately to each charge on which he is arraigned.

(3) Where a defendant pleads guilty to a charge, the court may accept the plea if satisfied that the defendant understands—

(a)the nature of the charge;

(b)the general effect of the plea; and

(c)the difference in procedure following pleas of guilty and not guilty.

(4) Where the court accepts a plea of a guilty to a charge—

(a)the defendant shall stand convicted of the charge; and

(b)unless there is a further charge against him to which he has not pleaded guilty (or as respects which a plea of guilty has not been accepted by the court), the court administration officer shall appoint a time and place for sentencing proceedings.

(5) Where—

(a)a plea of guilty is not accepted by the court, or

(b)the defendant does not plead (or does not plead intelligibly) to the charge,

the court shall record a plea of not guilty.

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