Expressions of Opinions, and Form of Finding

(1) The opinion of the president and each member as to the finding shall be given in closed court, orally and, on each charge separately and their opinions shall be given in order of seniority commencing with the junior in rank. (2) Save as is otherwise provided in paragraph (4) of this rule the court shall record on every charge on which a plea of not guilty has been recorded– (a) a finding of guilty or a special finding in accordance with section 84 or section 95(2) of the Act or paragraph (3) of this rule; (b) a finding of guilty or of not guilty and honourably acquitted of the charge. (3) Where the court is of the opinion as regards any charge that the facts which it finds to be proved in evidence differ from the facts alleged in the particulars of the charge, but are nevertheless sufficient to prove the offence stated in the charge and that the difference is not so material as to have prejudiced the accused in his defence, the court may, instead of recording a finding of not guilty, record a finding that the accused is guilty of the charge subject to any exception or variation which it shall specify in the finding. (4) Where the court has recorded a finding of guilty on a charge which is laid in the alternative it shall find the accused not guilty of any charge alternative thereto which is placed before it in the charge-sheet and record no finding on any charge alternative thereto which is placed after it in the charge-sheet.