Postpone- ment of judgme
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(ii) that the facts alleged in the charge are not such as to constitute the offence charged;
(c) where a submission referred to in paragraph (b) is made, a reply thereto may be made by the complainant or by his representative, or in their absence by the secretary; and th defendant may make answer to such reply:
(d) where a submission is made under paragraph (b), the Board shall consider and determine whether the submission shall be upheld and—
6) the chairman shall announce the determination of the Board, and
(ii) if the Board upholds the submission in respect of any charge, the finding shall be recorded that the defendant is not || guilty of that charge,
(iii) if the Board rejects the submission the chairman sull call upon the defendant to state his case;
(e) the defendant, or his representative, may then adduce evidence
in support of his case and may address the Board:
Provided that, except with the leave of the Board, only one address may be made under this paragraph, and where evidence has been adduced by or on behalf of the defendan such address may be made either before or after such evidence has been adduced;
(f) at the conclusion of the case for the defendant, the complain- ant or his representative, or in their absence the secretary, may address the Board in reply but only if evidence by or on behall of the defendant, other than the defendant's own evidence, has been adduced; or with the leave of the Board,
32. (1) At the conclusion of the proceedings the Board shall consider and determine whether to postpone judgment.
(2) If the Board decides to postpone judgment, the judgment of the Board shall stand postponed until such future meeting of the Board as the Board may determine, and the chairman shall announce the decision of the Board in such terms as the Board may approve.
(3) If the Board decides not to postpone judgment, the Board shall consider and determine whether the facts alleged in any charge before the Board have been proved to its satisfaction and whether the defendan is guilty of the matter charged.
(4) When the Board has come to its decision under paragraph (11 the chairman shall announce the decision of the Board in such terus as the Board may approve.
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Tion of
33. (1) Where under the provisions of paragraph (2) of regula. Notice of san 32, the judgment of the Board in respect of any charge stands determina- postponed to a future meeting of the Board, the secretary, not less than judgment. arven days before the date fixed for such future meeting, shall serve in the manner prescribed in paragraph (4) of regulation 21 on the defendant a porice specifying the date, time and place fixed for the meeting of the Board and inviting him to appear at such meeting.
(2) If there is a complainant in respect of the charge, a copy of the notice shall be sent to such complainant.
(3) The Board shall consider and determine its judgment and the chairman shall announce the decision of the Board in such terms as the Board may approve,
sentence,
34. (1) After the announcement of the decision of the Board in Postpone respect of the charge, if such decision be a finding of guilty of the men of matter charged, the Board shall consider and determine whether or not to postpone sentence upon the defendant.
(2) If the Board decides to postpone sentence, the sentence of the Board shall stand postponed until such future meeting of the Board as the Board may decide, and the chairman shall announce the decision of the Board in such terms as the Board may approve.
35. (1) At any meeting of the Board at which sentence on a Mauers in defendant is to be decided, before the Board shall decide such sentence miligation
of sentence. opportunity shall be given to the defendant, or his representative, to address the Board by way of mitigation and to adduce evidence as to the circumstances leading to the commission of the offence and as to the character and antecedants of the defendant.
(2) The Board shall then consider and determine the sealence on the defendant and the chairman shall announce the decision of the Board in such terms us the Board may approve.
(3) If the defendant fails to attend personally, or by his representa- live, the announcement of the decision of the Board, the secretary, in the manner prescribed in paragraph (4) of regulation 21 shall, within seven days after the announcement of the decision, serve upon the isfendant a notice setting out the terms of such decision,
ment of
36. (1) Where in accordance with the provisions of regulation 34, Nailer of the sentence of the Board in respect of any charge stands postponed to postpone- future meeting of the Board, the secretary, not less than seven days sentence. before the date fixed for such future meeting, shall serve on the defendant a notice, in the manner prescribed in paragraph (4) of regula- tion 21, specifying the date, time and place fixed for the meeting of the Board and inviting him to appear at such meeting.