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10 U.S.C. § 832 — Art. 32. Preliminary hearing required before referral to general court-martial
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
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Source file: Laws/federal/codes/united-states-code/title-10/section-832-art-32-preliminary-hearing-required-before-referral-to-general-court-mar--d03576e504.md
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Source location: Title 10, Chapter 47, § 832; chapter-047-uniform-code-of-military-justice.md
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**(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 over the offense.
(D) A recommendation as to the disposition that should be made of the case.
**(b) Hearing Officer.—**
(1) A preliminary hearing under this section shall be conducted by an impartial hearing officer, who—
(A) whenever practicable, shall be a judge advocate who is certified under [section 827(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section827/b/2&num=0&edition=prelim) (article 27(b)(2)); or
(B) when it is not practicable to appoint a judge advocate because of exceptional circumstances, is not a judge advocate so certified.
(2) In the case of a hearing officer under paragraph (1)(B), a judge advocate who is certified under [section 827(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section827/b/2&num=0&edition=prelim) (article 27(b)(2)) shall be available to provide legal advice to the hearing officer.
(3) Whenever practicable, the hearing officer shall be equal in grade or senior in grade to military counsel who are detailed to represent the accused or the Government at the preliminary hearing.
**(c) Report to Convening Authority or Special Trial Counsel.—** After a preliminary hearing under this section, the hearing officer shall submit to the convening authority or, in the case of a preliminary hearing in which the hearing officer is provided at the request of a special trial counsel to the special trial counsel, a written report (accompanied by a recording of the preliminary hearing under subsection (e)) that includes the following:
(1) For each specification, a statement of the reasoning and conclusions of the hearing officer with respect to determinations under subsection (a)(2), including a summary of relevant witness testimony and documentary evidence presented at the hearing and any observations of the hearing officer concerning the testimony of witnesses and the availability and admissibility of evidence at trial.
(2) Recommendations for any necessary modifications to the form of the charges or specifications.
(3) An analysis of any additional information submitted after the hearing by the parties or by a victim of an offense, that, under such rules as the President may prescribe, is relevant to disposition under sections 830 and 834 of this title (articles 30 and 34).
(4) A statement of action taken on evidence adduced with respect to uncharged offenses, as described in subsection (f).
**(d) Rights of Accused and Victim.—**
(1) The accused shall be advised of the charges against the accused and of the accused’s right to be represented by counsel at the preliminary hearing under this section. The accused has the right to be represented at the preliminary hearing as provided in [section 838 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section838&num=0&edition=prelim) (article 38) and in regulations prescribed under that section.
(2) The accused may cross-examine witnesses who testify at the preliminary hearing and present additional evidence that is relevant to the issues for determination under subsection (a)(2).
(3) A victim may not be required to testify at the preliminary hearing. A victim who declines to testify shall be deemed to be not available for purposes of the preliminary hearing. A declination under this paragraph shall not serve as the sole basis for ordering a deposition under [section 849 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section849&num=0&edition=prelim) (article 49).
(4) The presentation of evidence and examination (including cross-examination) of witnesses at a preliminary hearing shall be limited to the matters relevant to determinations under subsection (a)(2).
**(e) Recording of Preliminary Hearing.—** A preliminary hearing under subsection (a) shall be recorded by a suitable recording device. The victim may request the recording and shall have access to the recording under such rules as the President may prescribe.
**(f) Effect of Evidence of Uncharged Offense.—** If evidence adduced in a preliminary hearing under subsection (a) indicates that the accused committed an uncharged offense, the hearing officer may consider the subject matter of that offense without the accused having first been charged with the offense if the accused—
(1) is present at the preliminary hearing;
(2) is informed of the nature of each uncharged offense considered; and
(3) is afforded the opportunities for representation, cross-examination, and presentation consistent with subsection (d).
**(g) Effect of Violation.—** The requirements of this section are binding on all persons administering this chapter, but failure to follow the requirements does not constitute jurisdictional error. A defect in a report under subsection (c) is not a basis for relief if the report is in substantial compliance with that subsection.
**(h) Victim Defined.—** In this section, the term “victim” means a person who—
(1) is alleged to have suffered a direct physical, emotional, or pecuniary harm as a result of the matters set forth in a charge or specification being considered; and
(2) is named in one of the specifications.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A period of leave required to be taken under section 876a or 1182(c)(2) of this title shall be charged against any accrued leave to the member’s credit on the day before the day such leave begins unless the member elects to be paid for such accrued leave under subsection (b). If the member does not elect to be paid for such accrued leave under subsection (b), or does not have sufficient accrued leave to his credit to cover the total period of leave required to be taken, the leave not covered by accrued leave shall be charged as excess leave. If the member elects to be paid for accrued leave under subsection (b), the total period of leave required to be taken shall be charged as excess leave.
**(b)**
(1) A member who is required to take leave under section 876a or 1182(c)(2) of this title and who has accrued leave to his credit on the day before the day such leave begins may elect to be paid for such accrued leave. Any such payment shall be based on the rate of basic pay to which the member was entitled on the day before the day such leave began. If the member does not elect to be paid for such accrued leave, the member is entitled to pay and allowances during the period of accrued leave required to be taken.
(2) Except as provided in paragraph (1) and in sections 707 and 707a of this title, a member may not accrue or receive pay or allowances during a period of leave required to be taken under section 876a or 1182(c)(2) of this title.
**(c)** A member required to take leave under section 876a or 1182(c)(2) of this title is not entitled to any right or benefit under chapter 43 of title 38 solely because of employment during the period of such leave.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The following persons are subject to this chapter:
(1) Members of a regular component of the armed forces, and members of the Space Force on active duty under [section 20105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20105&num=0&edition=prelim), including those awaiting discharge after expiration of their terms of enlistment; volunteers from the time of their muster or acceptance into the armed forces; inductees from the time of their actual induction into the armed forces; and other persons lawfully called or ordered into, or to duty in or for training in, the armed forces, from the dates when they are required by the terms of the call or order to obey it.
(2) Cadets, aviation cadets, and midshipmen.
(3)
(A) While on inactive-duty training and during any of the periods specified in subparagraph (B)—
(i) members of a reserve component or the Space Force; and
(ii) members of the Army National Guard of the United States or the Air National Guard of the United States, but only when in Federal service.
(B) The periods referred to in subparagraph (A) are the following:
(i) Travel to and from the inactive-duty training site of the member, pursuant to orders or regulations.
(ii) Intervals between consecutive periods of inactive-duty training on the same day, pursuant to orders or regulations.
(iii) Intervals between inactive-duty training on consecutive days, pursuant to orders or regulations.
(4) Retired members of a regular component of the armed forces who are entitled to pay.
(5) Retired members of a reserve component, or retired members of the Space Force who qualified for a non-regular retirement and are receiving retired pay, who are receiving hospitalization from an armed force.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 802
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter (the Uniform Code of Military Justice):
(1) The term “Judge Advocate General” means, severally, the Judge Advocates General of the Army, Navy, and Air Force and, except when the Coast Guard is operating as a service in the Navy, an official designated to serve as Judge Advocate General of the Coast Guard by the Secretary of Homeland Security.
(2) The Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force.
(3) The term “commanding officer” includes only commissioned officers.
(4) The term “officer in charge” means a member of the Navy, the Marine Corps, or the Coast Guard designated as such by appropriate authority.
(5) The term “superior commissioned officer” means a commissioned officer superior in rank or command.
(6) The term “cadet” means a cadet of the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy.
(7) The term “midshipman” means a midshipman of the United States Naval Academy and any other midshipman on active duty in the naval service.
(8) The term “military” refers to any or all of the armed forces.
(9) The term “accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused.
(10) The term “military judge” means a judge advocate designated under [section 826(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section826/c&num=0&edition=prelim) (article 26(c)) who is detailed under section 826(a) or [section 830a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) Subject to paragraph (2), a convening authority or a military judge may order depositions at the request of any party.
(2) A deposition may be ordered under paragraph (1) only if the requesting party demonstrates that, due to exceptional circumstances, it is in the interest of justice that the testimony of a prospective witness be preserved for use at a court-martial, military commission, court of inquiry, or other military court or board.
(3) A party who requests a deposition under this section shall give to every other party reasonable written notice of the time and place for the deposition.
(4) A deposition under this section shall be taken before, and authenticated by, an impartial officer, as follows:
(A) Whenever practicable, by an impartial judge advocate certified under [section 827(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section827/b&num=0&edition=prelim) (article 27(b)).
(B) In exceptional circumstances, by an impartial military or civil officer authorized to administer oaths by (i) the laws of the United States or (ii) the laws of the place where the deposition is taken.
**(b) Representation by Counsel.—** Representation of the parties with respect to a deposition shall be by counsel detailed in the same manner as trial counsel and defense counsel are detailed under [section 827 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section827&num=0&edition=prelim) (article 27). In addition, the accused shall have the right to be represented by civilian or military counsel in the same manner as such counsel are provided for in [section 838(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section838/b&num=0&editi
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 849
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Detail of Special Trial Counsel.—** Each Secretary concerned shall promulgate regulations for the detail of commissioned officers to serve as special trial counsel.
**(b) Qualifications.—** A special trial counsel shall be a commissioned officer who—
(1)
(A) is a judge advocate who is qualified under [section 806(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section806/a/1&num=0&edition=prelim) (article 6(a)(1)); and
(B) is certified to be qualified, by reason of education, training, experience, and temperament, for duty as a special trial counsel by—
(i) the Judge Advocate General of the armed force of which the officer is a member; or
(ii) in the case of the Marine Corps, the Staff Judge Advocate to the Commandant of the Marine Corps; and
(2) in the case of a lead special trial counsel appointed pursuant to [section 1044f(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1044f/a/2&num=0&edition=prelim), is in a grade no lower than O–7.
**(c) Duties and Authorities.—**
(1) **In general.—** — Special trial counsel shall carry out the duties described in this chapter and any other duties prescribed by the Secretary concerned, by regulation.
(2) **Determination of covered offense; related charges.—**
(A) *Authority.—* — A special trial counsel shall have exclusive authority to determine if a reported offense is a covered offense and shall exercise authority over any such offense in accordance with this chapter. Any determination to prefer or refer charges shall not act to disqualify the special trial counsel as an accuser.
(B) *Known and related offenses.—* — If a special trial counsel determines that a reported offense is a covered offense, the spe
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The trial counsel of a general or special court-martial shall prosecute in the name of the United States, and shall, under the direction of the court, prepare the record of the proceedings.
**(b)**
(1) The accused has the right to be represented in his defense before a general or special court-martial or at a preliminary hearing under [section 832 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section832&num=0&edition=prelim) (article 32) as provided in this subsection.
(2) The accused may be represented by civilian counsel if provided by him.
(3) The accused may be represented—
(A) by military counsel detailed under [section 827 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section827&num=0&edition=prelim) (article 27); or
(B) by military counsel of his own selection if that counsel is reasonably available (as determined under regulations prescribed under paragraph (7)).
(4) If the accused is represented by civilian counsel, military counsel detailed or selected under paragraph (3) shall act as associate counsel unless excused at the request of the accused.
(5) Except as provided under paragraph (6), if the accused is represented by military counsel of his own selection under paragraph (3)(B), any military counsel detailed under paragraph (3)(A) shall be excused.
(6) The accused is not entitled to be represented by more than one military counsel. However, the person authorized under regulations prescribed under [section 827 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section827&num=0&edition=prelim) (article 27) to detail counsel, in his sole discretion—
(A) may detail additional military counsel as assistant defense counsel; and
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 838
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Action on Complaints Alleging Sexual Harassment.—** A commanding officer or officer in charge of a unit, vessel, facility, or area of the Army, Navy, Air Force, Marine Corps, or Space Force who receives from a member of the command or a civilian employee under the supervision of the officer a formal complaint alleging a claim of sexual harassment by a member of the armed forces or a civilian employee of the Department of Defense shall, to the extent practicable, direct that an independent investigation of the matter be carried out in accordance with this section.
**(b) Commencement of Investigation.—** To the extent practicable, a commanding officer or officer in charge receiving such a formal complaint shall forward such complaint to an independent investigator within 72 hours after receipt of the complaint, and shall further—
(1) forward the formal complaint or a detailed description of the allegation to the next superior officer in the chain of command who is authorized to convene a general court-martial; and
(2) advise the complainant of the commencement of the investigation.
**(c) Duration of Investigation.—** To the extent practicable, a commanding officer or officer in charge shall ensure that an independent investigator receiving a formal complaint of sexual harassment under this section completes the investigation of the complaint not later than 14 days after the date on which the investigation is commenced, and that the findings of the investigation are forwarded to the commanding officer or officer in charge specified in subsection (a) for action as appropriate.
**(d) Report on Investigation.—** To the extent practicable, a commanding officer or officer in charge shall—
(1) submit a final report on the results of the independent investigation, inc
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1561
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Rights of a Victim of an Offense Under This Chapter.—** A victim of an offense under this chapter has the following rights:
(1) The right to be reasonably protected from the accused.
(2) The right to reasonable, accurate, and timely notice of any of the following:
(A) A public hearing concerning the continuation of confinement prior to trial of the accused.
(B) A preliminary hearing under [section 832 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section832&num=0&edition=prelim) (article 32) relating to the offense.
(C) A court-martial relating to the offense.
(D) A post-trial motion, filing, or hearing that may address the finding or sentence of a court-martial with respect to the accused, unseal privileged or private information of the victim, or result in the release of the accused.
(E) A public proceeding of the service clemency and parole board relating to the offense.
(F) The release or escape of the accused, unless such notice may endanger the safety of any person.
(3) The right not to be excluded from any public hearing or proceeding described in paragraph (2) unless the military judge or preliminary hearing officer, as applicable, after receiving clear and convincing evidence, determines that testimony by the victim of an offense under this chapter would be materially altered if the victim heard other testimony at that hearing or proceeding.
(4) The right to be reasonably heard at any of the following:
(A) A public hearing concerning the continuation of confinement prior to trial of the accused.
(B) A sentencing hearing relating to the offense.
(C) A public proceeding of the service clemency and parole board relating to the offense.
(5) The reasonable right to confer with the counsel re
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 806b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) Subject to paragraph (2), any person subject to this chapter who is charged with an offense under this chapter may be ordered into arrest or confinement as the circumstances require.
(2) When a person subject to this chapter is charged only with an offense that is normally tried by summary court-martial, the person ordinarily shall not be ordered into confinement.
**(b) Notification to Accused and Related Procedures.—**
(1) When a person subject to this chapter is ordered into arrest or confinement before trial, immediate steps shall be taken—
(A) to inform the person of the specific offense of which the person is accused; and
(B) to try the person or to dismiss the charges and release the person.
(2) To facilitate compliance with paragraph (1), the President shall prescribe regulations setting forth procedures relating to referral for trial, including procedures for prompt forwarding of the charges and specifications and, if applicable, the preliminary hearing report submitted under [section 832 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section832&num=0&edition=prelim) (article 32).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 810
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Court-martial.—**
(1) **Staff judge advocate advice required before referral.—** — Subject to subsection (c), before referral of charges and specifications to a general court-martial for trial, the convening authority shall submit the matter to the staff judge advocate for advice, which the staff judge advocate shall provide to the convening authority in writing. The convening authority may not refer a specification under a charge to a general court-martial unless the staff judge advocate advises the convening authority in writing that—
(A) the specification alleges an offense under this chapter;
(B) there is probable cause to believe that the accused committed the offense charged; and
(C) a court-martial would have jurisdiction over the accused and the offense.
(2) **Staff judge advocate recommendation as to disposition.—** — Together with the written advice provided under paragraph (1), the staff judge advocate shall provide a written recommendation to the convening authority as to the disposition that should be made of the specification in the interest of justice and discipline.
(3) **Staff judge advocate advice and recommendation to accompany referral.—** — When a convening authority makes a referral for trial by general court-martial, the written advice of the staff judge advocate under paragraph (1) and the written recommendation of the staff judge advocate under paragraph (2) with respect to each specification shall accompany the referral.
**(b) Special Court-martial; Convening Authority Consultation With Judge Advocate.—** Subject to subsection (c), before referral of charges and specifications to a special court-martial for trial, the convening authority shall consult a judge advocate on relevant legal issues.
**(c) Covered Offenses.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 834
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