10 U.S.C. § 831 — Art. 31. Compulsory self-incrimination pro-

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, or through the use of coercion, unlawful influence, or unlawful in- ducement may be received in evidence against him in a trial by court-martial. (Aug. 10, 1956, ch. 1041, 70A Stat. 48.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 831(a) ...... 831(b) ...... 50:602(a). 50:602(b). May 5, 1950, ch. 169, § 1 (Art 31), 64 Stat. 118. 831(c) ...... 50:602(c). 831(d) ...... 50:602(d). The word ‘‘may’’ is substituted for the word ‘‘shall’’ throughout the revised section. § 832. Art. 32. Preliminary hearing required be- fore referral to general court-martial (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 prelimi- nary hearing shall be conducted by an impartial hearing officer detailed in accordance with sub- paragraph (C). (B) Under regulations prescribed by the Presi- dent, a preliminary hearing need not be held if the accused submits a written waiver to— (i) except as provided in clause (ii), the con- vening authority and the convening authority determines that a hearing is not required; and (ii) with respect to charges and specifica- tions over which the special trial counsel is exercising authority in accordance with sec- tion 824a of this title (article 24a), the special trial counsel and the special trial counsel de- termines that a hearing is not required. (C)(i) Except as provided in clause (ii), the convening authority shall detail a hearing offi- cer. (ii) If a special trial counsel is exercising au- thority over the charges and specifications sub- ject 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 accord- ance with regulations prescribed by the Presi- dent. (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 of- fense charged. (C) Whether or not the convening authority has court-martial jurisdiction over the ac- cused and over the offense. (D) A recommendation as to the disposition that should be made of the case. (b) HEARING OFFICER.—(1) A preliminary hear- ing 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 (article 27(b)(2)); or (B) when it is not practicable to appoint a judge advocate because of exceptional cir- cumstances, is not a judge advocate so cer- tified. (2) In the case of a hearing officer under para- graph (1)(B), a judge advocate who is certified under section 827(b)(2) of this title (article 27(b)(2)) shall be available to provide legal ad- vice 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 prelimi- nary hearing. (c) REPORT TO CONVENING AUTHORITY OR SPE- CIAL TRIAL COUNSEL.—After a preliminary hear- ing under this section, the hearing officer shall submit to the convening authority or, in the case of a preliminary hearing in which the hear- ing officer is provided at the request of a special trial counsel to the special trial counsel, a writ- ten 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 offi- cer with respect to determinations under sub- section (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 testi- mony of witnesses and the availability and ad- missibility of evidence at trial. (2) Recommendations for any necessary modifications to the form of the charges or specifications.