The Summary Appeal Court (Air Force) Rules 2000

Determining disputes of fact

61.—(1) Where on an appeal which relates only to the award of punishment there are disputed facts in the case, any issue of fact may be tried by the court.

(2) Where an issue of fact is tried in accordance with paragraph (1)—

(a)the judge advocate may direct the respondent to call any witness to give evidence, and

(b)the respondent and the appellant may, with the leave of the judge advocate, adduce evidence.

(3) The court shall sit in closed court while deliberating on its findings on the issue of fact.

(4) The decision of the court on the issue of fact, and the reasons for it, shall be announced in open court by the judge advocate.