Page 246 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 9949

be revoked if the accused is disruptive or fails to follow basic rules of decorum and procedure.
(e) Nonlawyer present. Subject to the discretion of the military judge, the accused may have
present and seated at the counsel table for purpose of consultation persons not qualified to serve
as counsel under R.C.M. 502.

Rule 601. Referral
(a) In general. Referral is the order of a convening authority that charges and specifications
against an accused will be tried by a specified court-martial.
(b) Who may refer. Any convening authority may refer charges to a court-martial convened by
that convening authority or a predecessor, unless the power to do so has been withheld by
superior competent authority.
(c) Disqual~fication. An accuser may not refer charges to a general or special court-martial.
(d) When charges may he referred
(1) Basis for referral. If the convening authority finds or is advised by a judge advocate
that there is probable cause to believe that an offense triable by a court-martial has been
committed and that the accused committed it, and that the specification alleges an offense, the
convening authority may refer it. The finding may be based on hearsay in whole or in part.
The convening authority or judge advocate may consider information from any source and
shall not be limited to the information reviewed by any previous authority, but a case may not
be referred to a general or special court-martial except in compliance with paragraph (d)(2) or
(d)(3) of this rule. The convening authority or judge advocate shall not be required before
charges are referred to resolve legal issues, including objections to evidence, which may arise
at trial.
(2) General courts-martial. The convening authority may not refer a specification under a
charge to a general comi-martial unless-
( A) There has been substantial compliance with the preliminary hearing requirements of
R.C.M. 405; and
(B) The convening authority has received the advice of the staffjudge advocate required
under R.C.M. 406 and Article 34(a).
(3) Special courts-martial. The convening authority may not refer charges and specifications
to a special court-martial unless the convening authority has consulted with a judge advocate as
required under R.C .M. 406A and Article 34(b ).
(e) How charges shall he referred.
(1) Order, instructions. Referral shall be by the personal order of the convening authority.
(A) Capital cases. If a case is to be tried as a capital case, the convening authority shall so
indicate by including a special instruction on the charge sheet in accordance with R.C.M.
1 004(b )(1 ).
(B) Special court-martial consisting of a military judge alone. If a case is to be tried as a
special court-matiial consisting of a military judge alone under Article 16(c)(2)(A), the
convening authority shall so indicate by including a special instruction on the charge sheet prior
to arraignment.
(C) Other instructions. The convening authority may include any other additional
instructions in the order as may be required.
(2) Joinder of offenses. In the discretion of the convening authority, two or more offenses
charged against an accused may be referred to the same court-martial for trial, whether serious
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or minor offenses or both, regardless whether related. Additional charges may be joined with