Browse Arkansas Code titles and sections
12-64-504. Investigation.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-64-504. Investigation.
(a) A preliminary hearing shall be held in accordance with 10 U.S.C. § 832 et seq., as it existed on January 1, 2019, before the referral of charges and specifications for trial by general court-martial.
(b)(1) Under rules prescribed by the Governor, a preliminary hearing is not required if the accused submits a written waiver of the preliminary hearing to the convening authority and the convening authority grants the waiver.
(2) The purpose of the preliminary hearing shall be limited to determining the following:
(A) Whether or not the specification alleges an offense under this chapter;
(B) Whether or not there is probable cause to believe that the accused committed the offense charged;
(C) Whether or not the convening authority has court-martial jurisdiction over the accused and over the offense; and
(D) A recommendation as to the disposition that should be made of the case.
(3) The rights of the accused and the rights of the victim shall be the same as provided under 10 U.S.C. § 832 et seq., as it existed on January 1, 2019.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-64-504
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:12-64-504
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 4a219cb48d772080c3422d5156d63cce9421f7a12dfc02175822e6555fb2bd10
Source location: content.xml paragraph 18845
Stored source content
12-64-504. Investigation.
(a) A preliminary hearing shall be held in accordance with 10 U.S.C. § 832 et seq., as it existed on January 1, 2019, before the referral of charges and specifications for trial by general court-martial.
(b)(1) Under rules prescribed by the Governor, a preliminary hearing is not required if the accused submits a written waiver of the preliminary hearing to the convening authority and the convening authority grants the waiver.
(2) The purpose of the preliminary hearing shall be limited to determining the following:
(A) Whether or not the specification alleges an offense under this chapter;
(B) Whether or not there is probable cause to believe that the accused committed the offense charged;
(C) Whether or not the convening authority has court-martial jurisdiction over the accused and over the offense; and
(D) A recommendation as to the disposition that should be made of the case.
(3) The rights of the accused and the rights of the victim shall be the same as provided under 10 U.S.C. § 832 et seq., as it existed on January 1, 2019.
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1)
(A) Except as provided in subparagraph (B), a preliminary hearing shall be held before referral of charges and specifications for trial by general court-martial. The preliminary hearing shall be conducted by an impartial hearing officer detailed in accordance with subparagraph (C).
(B) Under regulations prescribed by the President, a preliminary hearing need not be held if the accused submits a written waiver to—
(i) except as provided in clause (ii), the convening authority and the convening authority determines that a hearing is not required; and
(ii) with respect to charges and specifications over which the special trial counsel is exercising authority in accordance with [section 824a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section824a&num=0&edition=prelim) (article 24a), the special trial counsel and the special trial counsel determines that a hearing is not required.
(C)
(i) Except as provided in clause (ii), the convening authority shall detail a hearing officer.
(ii) If a special trial counsel is exercising authority over the charges and specifications subject to a preliminary hearing under this section (article), the special trial counsel shall request a hearing officer and a hearing officer shall be provided by the convening authority, in accordance with regulations prescribed by the President.
(2) The purpose of the preliminary hearing shall be limited to determining the following:
(A) Whether or not the specification alleges an offense under this chapter.
(B) Whether or not there is probable cause to believe that the accused committed the offense charged.
(C) Whether or not the convening authority has court-martial jurisdiction over the accused and ove
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 832
Stored review status: release_metadata_unconfirmed. The source passage cites 10 U.S.C. § 832. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 747
TITLE 10—ARMED FORCES
§ 832
2017—Subsec. (a)(1). Pub. L. 115–91, § 531(b)(1), inserted
‘‘, or otherwise act on,’’ after ‘‘to review’’ in introduc-
tory provisions.
Subsec. (a)(1)(D). Pub. L. 115–91, § 531(b)(2), added sub-
par. (D).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2017 AMENDMENT
Amendment by Pub. L. 115–91 effective immediately
after this section takes effect as provided for in section
5542 of Pub. L. 114–328 (10 U.S.C. 801 note), see section
531(p) of Pub. L. 115–91, set out as a note under section
801 of this title.
EFFECTIVE DATE
Section effective on Jan. 1, 2019, as designated by the
President, with implementing regulations and provi-
sions relating to applicability to various situations, see
section 5542 of Pub. L. 114–328 and Ex. Ord. 13825, set out
as notes under section 801 of this title.
§ 831. Art. 31. Compulsory self-incrimination pro-
hibited
(a) No person subject to this chapter may com-
pel any person to incriminate himself or to an-
swer any question the answer to which may tend
to incriminate him.
(b) No person subject to this chapter may in-
terrogate, or request any statement from, an ac-
cused or a person suspected of an offense with-
out first informing him of the nature of the ac-
cusation and advising him that he does not have
to make any statement regarding the offense of
which he is accused or suspected and that any
statement made by him may be used as evidence
against him in a trial by court-martial.
(c) No person subject to this chapter may com-
pel any person to make a statement or produce
evidence before any military tribunal if the
statement or evidence is not material to the
issue and may tend to degrade him.
(d) No statement obtained from any person in
violation of this article
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 832
Stored review status: historical_2024_not_currentness_verified. The source passage cites 10 U.S.C. § 832. This identifies an authority to review, not proof of applicability.