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Bare acts > Air Force Rules, 1969 > Rule 73
 
  


 

73. Procedure on conviction. -(1) If the finding on any charge is “guilty”, then for the guidance of the court in determining its sentence, and of the confirming authority in considering the sentence, the court, before deliberating on its sentence shall whenever possible, take evidence of and record general character, are service, rank and any recognised acts of gallantry or distinguished conduct of the accused, any previous convictions of the accused either by a court-material or a criminal court, any previous punishments awarded to him by an officer exercising authority under section 82 or86 the length of time he has been in arrest or in confinement on any previous sentence, and any military or air force decoration or military or air force reward, of which he may be in possession or to which he is entitled.

(2) Evidence on the above matters may be given by a witness verifying a statement, which contains a summary of the entries in the service records respecting the accused and identifying the accused as the person referred to in that summary.

(3) The accused may cross-examine any such witness, and may call witnesses to rebut such evidence; and if the accused so requests, the service records or a duly certified copy of the material entries therein, shall be produced; and if the accused alleges that the summary is in any respect not in accordance with the service records or such certified copy, as the case may be, the court shall compare the summary with those records or copy, and if it finds it is not in accordance therewith, shall caused the summary to be corrected accordingly.

(4) When all the evidence on the above matters has been given the accused may address the court thereon.

 

 

 

 

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