459. Evidence at summary hearings.

Evidence at a summary hearing1 must be heard in the following order2:

  1.  

    (1)     evidence adduced by the commanding officer3;

  2.  

    (2)     evidence of the accused if he chooses to give evidence;

  3.  

    (3)     evidence adduced by the accused;

  4.  

    (4)     evidence adduced by the commanding officer in rebuttal4.

Where the commanding officer proceeds with a hearing after a charge has been amended, substituted or added, he may determine the order in which evidence is heard5. No witness is permitted to give evidence orally at a summary hearing6 unless an oath has first been administered to him7. The commanding officer may not adduce the