Accused’s Record and Plea in Mitigation

(1) If the finding on a charge against the accused is guilty, or the court makes a special finding in accordance with section 84 of the Act or rule 58(3) the court before deliberating on its sentence shall whenever possible, take evidence of his age, rank and service record. Such service record shall include– (a) any recognized acts of gallantry or distinguished conduct on the part of the accused and any decoration to which he is entitled; and (b) particulars of any offence of which the accused has been found guilty during his service and which is recorded in the service books relating to the accused and of the length of time he has been under arrest awaiting trial or in confinement under a current sentence. (2) Evidence of the matters referred to in paragraph (1) of this rule may be given by a witness producing to the court a written statement containing a summary of the entries in the service books relating to the accused, after the witness has in court verified such statement and identified the accused as the person to whom it relates. Such statement shall be in the form set out in the Third Schedule to these Rules. (3) In addition to the evidence contained in the statement referred to in paragraph (2) of this rule, it shall be the duty of the prosecutor whenever possible to call as a witness an officer to give to the court any information in the possession of the military authorities regarding– (a) the family background and responsibilities and any other circumstances which may have made him more susceptible to the commission of the offence charged; (b) his general conduct in the service; and (c) particulars of offences which do not appear in the statement above referred to of which the accused has been found guilty by a civil court not being offences of which he was found guilty under the age of fourteen years, provided that the court shall not be informed of any such civil offence unless the finding is proved in accordance with 67 section 159 of the Act or the accused has admitted, after the purpose for which such admission is required has been explained to him, that he has been found guilty of the offence. (4) The accused may cross-examine any witness who gives evidence in accordance with paragraphs (2) and (3) of this rule and if the accused so requires the service books, or a duly certified copy of the material entries therein, shall be produced, and if the contents of the form are in any respect not in accordance with the service books or such certified copy, the court shall cause the form to be corrected accordingly. (5) After paragraphs (1), (2), (3) and (4) of this rule have been complied with the accused may– (a) give evidence on oath and call witnesses in mitigation of punishment and to his character; and (b) address the court in mitigation of punishment.