Procedure on Finding of Guilty after Plea of Guilty

(1) After the court has recorded a finding of guilty in respect of a charge to which an accused pleaded guilty, the prosecutor shall, subject to rule 37 read the summary or abstract of evidence to the court or inform the court of the facts contained therein, provided that if the summary or abstract of evidence contains evidence which, in the opinion of the convening officer, is inadmissible under the Act the prosecutor shall not read to the court those parts of the summary or abstract which are inadmissible or inform the court of the facts contained in those parts and shall not hand the original summary or abstract to the court until the trial is concluded. (2) If there is no summary or abstract of evidence or the summary or abstract is, in the opinion of the court, inadequate or incomplete, the court shall hear and record in accordance with these Rules sufficient evidence to enable it to determine the sentence. (3) After paragraphs (1) and (2) of this rule have been complied with, the accused may– (a) adduce evidence of character and in mitigation of punishment; and (b) address the court in mitigation of punishment. (4) After paragraph (3) of this rule has been complied with, the court shall proceed as directed in rule 63(1), (2), (3) and (4).