PART IXPRACTICE AND PROCEDURE RELATING TO THE POWERS OF THE COURT TO VARY PUNISHMENT AWARDED
Information to be provided by the respondent60
1
The respondent shall provide the court with information concerning—
a
any punishment awarded on summary dealing against which an appeal is brought;
b
where the appeal is only against finding, any punishment awarded in respect of that finding;
c
where any punishment referred to in paragraphs (a) and (b) relates to any finding which is not the subject of an appeal, the particulars of the offence to which the finding relates; and
d
such other matters as appear to the respondent to be relevant to the exercise by the court of its powers under (as the case may be) section 83ZG(2), (3) or (4) of the Act.
2
The information referred to in paragraph (1)(d) shall, as far as practicable, include information concerning—
a
the appellant’s age and rank;
b
the appellant’s service record;
c
any recognised acts of gallantry;
d
the particulars of any other offence (whether under the Act or otherwise) of which the appellant has been found guilty (during his service or otherwise), provided that any convictions treated as spent for the purposes of the Rehabilitation of Offenders Act 197413 shall be indicated as such; and
e
particulars of any formal police caution administered to the appellant by a constable in England and Wales or Northern Ireland.
3
A record of antecedents signed by the appellant may be accepted in evidence by the court under paragraph (2)(d) where the appellant has admitted that he has been found guilty of each offence listed in the record and has had explained to him the purpose for which such admission was sought.
4
Unless the appellant so requires, the matters referred to in this rule need not be adduced in compliance with the strict rules of evidence.