B 14
[Subsidiary]
Postponement of sentence.
Matters in mitigation of sentence.
Notice of postponement of sentence.
CAP. 164] Enrolled Assistant Nurses (Enrolment and
Disciplinary Procedure) Regulations.
[1970 Ed.
(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.
34. (1) After the announcement of the decision of the Board in respect of the charge, if such decision be a finding of guilty of the 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 defendant is to be decided, before the Board shall decide such sentence-
(a) the secretary or other person presenting the case to the Board may produce to the Board the records of any meeting of the Board at which an order was made against the defendant pursuant to section 17 of the Ordinance; and
(b) the chairman shall ask the defendant whether he wishes to address the Board in respect of such order.
(2) At any such meeting of the Board the defendant, in person or by his solicitor or counsel, may address the Board by way of mitigation and may adduce evidence as to the circumstances leading to the commission of the offence and to any previous offences and as to the character and antecedents of the defendant.
(3) The Board shall then consider and determine the sentence on the defendant and the chairman shall announce the decision of the Board in such terms as the Board may approve.
(4) If the defendant fails to attend, personally or by his representative, 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 defendant a notice setting out the terms of such decision.
36. (1) Where, in accordance with the provisions of regulation 34, the sentence of the Board in respect of any charge stands postponed to a future meeting of the Board, the secretary, not less than seven days before the date fixed for such future meeting, shall, in the manner prescribed in paragraph (4) of regulation 21, serve on the defendant a notice specifying the date, time and place fixed for the meeting of the Board and inviting him to appear at such meeting.
B 14
[Subsidiary]
Postponement of sentence.
Matters in mitigation of sentence.
Notice of postponement of sentence.
CAP. 164] Enrolled Assistant Nurses (Enrolment and
Disciplinary Procedure) Regulations.
[1970 Ed.
(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.
34. (1) After the announcement of the decision of the Board in respect of the charge, if such decision be a finding of guilty of the 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 defendant is to be decided, before the Board shall decide such
sentence-
(a) the secretary or other person presenting the case to the Board may produce to the Board the records of any meeting of the Board at which an order was made against the defendant pursuant to section 17 of the Ordinance; and
(b) the chairman shall ask the defendant whether he wishes
to address the Board in respect of such order.
(2) At any such meeting of the Board the defendant, in person or by his solicitor or counsel, may address the Board by way of mitigation and may adduce evidence as to the circum- stances leading to the commission of the offence and to any previous offences and as to the character and antecedents of the defendant.
(3) The Board shall then consider and determine the sentence on the defendant and the chairman shall announce the decision of the Board in such terms as the Board may approve.
(4) If the defendant fails to attend, personally or by his representative, the announcement of the decision of the Board, the secretary, in the manner prescribed in paragraph (4) of regula- tion 21 shall, within seven days after the announcement of the decision, serve upon the defendant a notice setting out the terms of such decision.
36. (1) Where, in accordance with the provisions of regula- tion 34, the sentence of the Board in respect of any charge stands postponed to a future meeting of the Board, the secretary, not less than seven days before the date fixed for such future meeting, shall, in the manner prescribed in paragraph (4) of regulation 21, serve on the defendant a notice specifying the date, time and place fixed for the meeting of the Board and inviting him to appear at such meeting.
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