Regulation 31

each prosecution witness shall give his evidence orally in the presence of the accused, or the DXO disciplinary officer shall read to the accused a written statement made by the witness, except that a written statement of a prosecution witness shall not be used if the accused requires that the witness shall give his evidence orally;

the accused shall be allowed to cross-examine any prosecution witness;

the accused may, on his own behalf, give evidence on oath or affirmation or may make a statement without being sworn or affirmed;

the accused may call witnesses in his defence, who shall give their evidence orally and in his presence;

the DXO disciplinary officer shall at this stage decide upon the evidence whether to dismiss the charge, convict the accused or, in accordance with his powers under these Regulations, refer the charge to a DXO senior disciplinary officer, a DXO superior disciplinary officer or the Director, Legal Services;

the DXO disciplinary officer, if he is satisfied on the evidence as to the accused’s guilt, shall, before recording a conviction or awarding any punishment, examine the conduct sheets of the accused and may hear evidence relating to the character of the accused or any other evidence for the purpose of determining the punishment;

the DXO disciplinary officer, if he considers that in the circumstances of the case a proper punishment for the offence would be a punishment other than a reprimand or a minor punishment, shall, before recording a conviction or awarding any punishment, afford the accused an opportunity of electing to be tried by a subordinate military court;

if the accused does not elect to be tried by a subordinate military court, the DXO disciplinary officer shall proceed to conviction and the award of punishment;

the evidence shall not be given on oath or affirmation unless the DXO disciplinary officer so directs or the accused so demands;

when a witness objects to taking an oath, the DXO disciplinary officer shall cause him to make an affirmation;

if the evidence is given on oath or affirmation, the DXO disciplinary officer shall, subject to the accused’s right to make a statement without being sworn or affirmed, administer the oath or affirmation to each witness and to any interpreter in accordance with regulation 43;

any witness testifying in a disciplinary proceeding shall be liable to be asked questions by the DXO disciplinary officer; and

the DXO disciplinary officer may adjourn the disciplinary proceeding if he considers that the interests of justice so require.