PART 8PROCEEDINGS AT COURT-MARTIAL
Dispute on facts after plea of guilty48
1
Where, after the judge advocate has recorded a plea of guilty in respect of any charge there are disputed facts in the case, any issue of fact may be tried.
2
Where an issue of fact is being tried in accordance with this rule—
a
the judge advocate may direct the prosecuting authority to call any witness to give evidence, and
b
the prosecuting authority and the accused may, with the leave of the judge advocate, adduce evidence.
3
The court shall sit in closed court while deliberating on its finding on the issue of fact.
4
The finding of the court on the issue of fact shall be determined by a majority of the votes of the members of the court and announced in open court by the judge advocate.
5
In the case of an equality of votes on the finding on the issue of fact the court must find for the accused.