“APPENDIX IV-A (See rule 44A) Form – I Form for use at summary trials of officers below the rank of Commandant under Section
57A.
(where the authority dealing summarily with the case decides with the written consent of the accused to dispense with me attendance of the witnesses) Rank, Name & Number of the accused : ____________________________ Ship/Establishment : ____________________________ Question to be accused:
1. Have you received a copy of the charge-sheet and record of evidence?
ANSWER
2. Have you had sufficient time to prepare you defence?
ANSWER The charge-sheet is read over to the accused.
3. Are you guilty or not of the charge(s) against you which have just been read over to you?
ANSWER The record of evidence is read over or the authority dealing summarily with the case informs the accused that he has already perused it.
4. Do you wish to make a statement?
ANSWER (If the accused desired to make a statement, he should do so now) If at the conclusion of the hearing the authority dealing summarily with the case considers that the charge should be dismissed, he is to examine the accused’s record of service.
If the authority dealing summarily with the case proposes to award a punishment other than mullets of pay and allowances of serverreprimand, he shall put the following question to the accused:-
5. Do you elect to tried by a Coast Guard Court or will you accept my award?
ANSWER FINDING : _______________________________ AWARD : _______________________________ SHIP/ESTABLISHMENTS : _____________________ DATE : _________________ Signature Form-II Form for use of summary trials of officers below the rank of Commandant under section 57A (when the authority dealing summarily with the case does not decides to dispense with the attendance of the witnesses or when the accused required the attendance) Rank, Name & Number of the accused : ____________________________ Ship/Establishment : ____________________________ Question to be accused:
1. Have you received a copy of the charge-sheet and record of evidence?
ANSWER
2. Have you had sufficient time to prepare you defence?
ANSWER The charge-sheet is read.
3. Are you guilty or not of the charge(s) against you which have just been read over to you?
ANSWER The witnesses give their evidence, accused be permitted to cross-examine. .
4. Do you wish to make a statement?
ANSWER If the accused desired to make a statement, he should do so now
5. Do you desire to call any witnesses?
ANSWER The accused makes his statement and his witnesses give evidence.
If at the conclusion of the hearing the authority dealing summarily with the case considers that the charge should not be dismissed, he is to examine the accused’s record of service.
If the authority dealing summarily with the case proposes to award a punishment other than mullets of pay and allowances or service reprimand, he shall put the following question to the accused :-
6. Do you elect to be tried by a Coast Guard Court or will you accept my award?
ANSWER FINDING : _______________________________ AWARD : _______________________________ SHIP/ESTABLISHMENTS : _____________________ DATE : _________________ Signature