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Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10065

shall be the summary court-martial of that command or detachment. When more than one
commissioned officer is present with a command or detachment, the convening authority may
not be the summary court-martial of that command or detachment.
(b) Function. The function of the summary court-martial is to promptly adjudicate minor
offenses under a simple disciplinary proceeding. A finding of guilt by the summary court-martial
does not constitute a criminal conviction as it is not a criminal forum. However, a summary
court-martial shall constitute a trial for purposes of determining former jeopardy under Article
44. The summary court-martial shall thoroughly and impartially inquire into both sides of the
matter and shall ensure that the interests of both the Government and the accused are
safeguarded and that justice is done. A summary court-martial may seek advice from a judge
advocate or legal officer on questions oflaw, but the summary court-martial may not seek advice
from any person on factual conclusions that should be drawn from evidence or the sentence that
should be imposed, as the summary court-martial has the independent duty to make these
determinations.
(c) Jurisdiction.
)Note: R.C.M. 1301(c) applies to offenses committed on or after 24 June 2014.)
(1) Subject to Chapter II, summary courts-martial have the power to try persons subject to the
UCMJ, except commissioned officers, warrant officers, cadets, aviation cadets, and midshipmen,
for any non-capital offense made punishable by the UCMJ.
(2) Notwithstanding paragraph ( c)(l ), summary courts-martial do not have jurisdiction over
offenses under Articles 120(a), 120(b), 120b(a), 120b(b), and attempts thereofunder Article 80.
Such offenses shall not be referred to a summary court-martial.
(d) Punishments.
(1) Limitations amount. Subject to R.C.M. 1003, summary courts-martial may impose any
punishment not forbidden by the UCMJ except death, dismissal, dishonorable or bad-conduct
discharge, confinement for more than 1 month, hard labor without confinement for more than 45
days, restriction to specified limits for more than 2 months, or forfeiture of more than two-thirds
of 1 month's pay.
(2) Limitations-pay grade. fu the case of enlisted members above the fourth enlisted pay
grade, summary courts-martial may not adjudge confinement, hard labor without confinement, or
reduction except to the next pay grade.
(e) Counsel. The accused at a summary court-martial does not have the right to counsel. If the
accused has counsel qualified under R.C.M. 502(d)(2), that counsel may be permitted to
represent the accused at the summary court-martial if such appearance will not unreasonably
delay the proceedings and if military exigencies do not preclude it.
(±) Pmt·er to obtain witnesses and evidence. A summary court-martial may obtain evidence
pursuant to R.C.M. 703.
(g) Secretarial/imitations. The Secretary concerned may prescribe procedural or other mles for
summary courts-martial not inconsistent with this Manual or the UCMJ.

Rule 1302. Convening a summary court-martial
(a) TVho may convene summm:v courts-martial. Unless limited by competent authority summary
courts-martial may be convened by:
(1) Any person who may convene a general or special court-martial;
(2) The commander of a detached company or other detachment of the Army;
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(3) The commander of a detached squadron or other detachment of the Air Force;

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