S.L. 220.4 Art. 40Acceptance of pleas of guilty.

(1) If an accused pleads guilty to a charge under either rule 39(1) or (2), the president or judge advocate shall, before the court decide to accept the plea, explain to the accused the nature of the charge and the general effect of his plea and in particular the difference in procedure when an accused pleads guilty and when an accused pleads not guilty.

(2) A court shall not accept a plea of guilty under either rule 39(1) or (2) if -

(a) the court are not satisfied that the accused understands the nature of the charge or the effect of his plea; or

(b) the president having regard to all the circumstances, considers that the accused should plead not guilty; or

(c) the accused is liable, if convicted, to be sentenced to imprisonment for life.

(3) In the case of a plea of guilty under rule 39(2), a court shall also not accept the plea unless the convening officer concurs and they are satisfied of the justice of such course. The concurrence of the convening officer may be signified by the prosecutor.

(4) When a plea of guilty under either rule 39(1) or (2) is not accepted by the court or the accused either refuses to plead to the charge or does not plead to it intelligibly, the court shall enter a plea of not guilty.

(5) When a court are satisfied that they can properly accept a plea of guilty under either rule 39(1) or (2) they shall record a finding of guilty in respect thereof.