AIR FORCE INSTRUCTION 6 JUNE Law. ADMINISTRATION OF MILITARY JUSTICE. COMPLIANCE WITH THIS PUBLICATION IS MANDATORY. Supersedes AFI , 3 October Pages: Distribution: F. This instruction implements the Uniform Code of Military Justice (UCMJ). and now may be found in AFI , Administration of Military Justice, and AFI ,. Nonjudicial Punishment, respectively. 1. Good order.
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Court-martial charges have not been preferred against [Subject]. Within two days of your appointment, you will issue a written memorandum to the counsel for the government, the defense counsel, and victim s counsel providing guidance for the upcoming preliminary hearing. Prior consultation with the member s reserve component chain of command through JA channels is required. I am satisfied a courtmartial would have jurisdiction over the accused and the offenses charged.
Roles and Responsibilities 3 IV. Defendant may not be compelled. If relevant to the limited scope and purpose of the preliminary hearing, and not cumulative, the PHO may consider other evidence, in addition to or in lieu of witness testimony including victimsincluding sworn statements, tangible evidence, or reproductions thereof, when submitted by either GC or DC, that the PHO determines to be reliable.
Name of Beginning Lawyer: The charges and specifications [if applicable, insert, as amended, ] allege offenses under the UCMJ. Any objections to the PHO Report must be submitted to the convening authority that directed the Article 32 preliminary hearing within 5 days of receipt of the report by the accused and counsel, whichever is later. A SCM may be conducted or NJP initiated during the member s period of active duty or normal period of inactive duty training. The government is not required to complete a verbatim transcript of all or any part of the preliminary hearing, but the SJA may authorize a verbatim transcript.
This includes reserve JAGs who may be detailed to serve as a PHO while on active duty or performing inactive duty training. No charge or specification may be referred affi a general court-martial for trial until completion of an Article 32 preliminary hearing, unless waived Preliminary Hearing Officer PHO.
Pretrial Advice United States v. After the PHO has informed the accused of the accused s rights, and completed preliminary evidentiary hearings, GC will present evidence.
32 CFR 884.3 – Placing member under restraint pending delivery.
The convening authority approved the sentence as adjudged. Once jurisdiction attaches in accordance with R. A record shall be made of all small claims court proceedings. Compliance with this Memorandum is mandatory. Amend Rules More information. In accordance with AFIparagraph 8. Assess and compare military and civilian aci used to investigate, prosecute, and adjudicate crimes involving adult sexual assault and related offenses, under 10 U.
I am the sole authority to exclude time granted as. The commander s determination may be made in writing, viaor orally.
Any civil action exempt from arbitration by action of a presiding judge under ORS Initial Disposition of Alleged Offense of Sexual Assault Pursuant to the Secretary of Defense policy withholding initial disposition authority, effective 28 JuneI have zfi the case file and your recommendation s pertaining to the alleged attempt to commit rape aggravated sexual assault forcible sodomy in violation of Article 80UCMJ, by [Subject] against [Victim] on [date] and other allegations of misconduct arising from or relating to the same incident.
If the convening authority needs to detail members to a court-martial to try the forwarded case, forward appropriate documentation for court-member selection. As amended by P. Zfi rely on donations for our financial security. General Provisions Chapter 1. Punishment unserved at the end of the period of active duty or normal period of inactive duty training may be carried over to subsequent periods.
Time limit on appointments. Start display at page:. When Appellant went to the proposed meeting place, law enforcement apprehended him. I have determined that court-martial for the Subject Victim is not appropriate and have dismissed the charge s. Change to para Courts-Martial. Forwarding of Pretrial Advice.
e-CFR data is current as of December 20, : Code of Federal Regulations
Current guidance in AFI remains in effect with the following changes: If expense to the government is to be incurred, the convening authority who directed the preliminary hearing, or the convening authority s delegate, shall determine whether the witness testifies in person, by VTC, by telephone, or similar means of remote testimony Defense Counsel Request for Production of Evidence. As such, this allegation, along with all other alleged offenses arising from or relating to the same incident, is subject to the Secretary of Defense policy withholding initial disposition authority, effective 28 June I have reviewed the attached case file, including a Personal Data Sheet and the [describe evidence reviewed, e.
What is the “Code Of Service Discipline”? This booklet has been designed to provide general information on disciplinary proceedings under the Code of Service Discipline, focusing on the rights and entitlements of CF members under the Canadian More information. Creation of division of administrative law The division of administrative law, hereafter More information. SJAs should only use this language when advising the Convening Authority that the specification cannot be referred for trial.
Discovery in the Superior Court.
If the superior convening authority needs to detail members to a court-martial to try the afj, the convening authority who directed the preliminary hearing forwards adi list of court member nominees with Credit data. Establishment of the Atlanta Citizen Review Board. The convening authority or the PHO must conduct a case-by-case, witness-by-witness, circumstance-bycircumstance analysis of whether the closure is necessary.
Please support our work with a donation. It explains the disciplinary procedures More information. I recommend you refer the charges and specifications [if applicable, insert, as amended, ] to trial by general court-martial. In his clemency submission, Appellant requested the convening authority reduce his confinement to days.
Failure of either party to follow the procedural requirements of the corresponding M. The court, on its own initiative More information.