The Courts-Martial (Royal Navy) Rules 1997

Mixed pleas

43.—(1) This rule applies where—

(a) the court has accepted pleas of guilty and not guilty on one charge sheet; and

(b) the prosecutor proceeds to the trial of any charge to which an accused has pleaded not guilty.

(2) This rule applies whether the charge sheet is in respect of one or more than one accused.

(3) Unless the judge advocate directs otherwise, the trial of any charge to which an accused has pleaded not guilty shall proceed in accordance with these Rules before the court considers any guilty plea.

(4) The prosecutor, so far as is possible, shall not—

(a) address the court on any fact, or

(b) lead evidence,

relating to a charge to which any accused has pleaded guilty, except where that fact or evidence relates also to a charge to which any accused has pleaded not guilty.

(5) When summing up in the trial of any charge to which an accused has pleaded not guilty, the judge advocate shall warn the court to disregard any charge to which any accused has pleaded guilty.

(6) After the court has announced its finding on the charge or charges to which the plea was not guilty, the prosecutor shall address the court on the prosecution case in respect of any charge to which an accused has pleaded guilty.

(7) If the judge advocate is satisfied that the court may properly record a finding of guilty in respect of any charge to which an accused has pleaded guilty, the court shall record such a finding.