The Armed Forces (Court Martial) Rules 2009

Procedure in activation proceedings U.K.

138.—(1) This rule applies where the offender appears or is brought before the court for activation proceedings.

(2) The judge advocate shall ask the offender whether he admits the relevant facts.

(3) If the offender does not admit the relevant facts—

(a) the Director may adduce evidence of them;

(b) the offender may cross-examine any witness called by the Director, and may give evidence or call witnesses; and

(c) the judge advocate shall determine whether the relevant facts are proved.

(4) Paragraphs (5) to (9) apply where—

(a) the offender admits the relevant facts, or

(b) the judge advocate determines that the relevant facts are proved.

(5) The Director shall address the court on the circumstances of the offence for which the original sentence was passed, and the new offence.

(6) The offender may adduce evidence as to his character, and such evidence may be given orally or in writing.

(7) The offender may address the court as to—

(a) whether the court should make a relevant order; and

(b) the terms in which any such order should be made.

(8) The court's decision as to whether to make a relevant order, and if so in what terms, shall be determined by a majority of the votes of the members of the court.

(9) In the case of an equality of votes, the judge advocate has a casting vote.

(10) Where the court makes a relevant order, rule 117 shall apply in relation to the making of the order as it applies in relation to the passing of a sentence, with the omission of paragraph (2).