AIR FORCE INSTRUCTION 6 JUNE Law. ADMINISTRATION OF MILITARY JUSTICE. COMPLIANCE WITH THIS PUBLICATION IS MANDATORY. Supersedes AFI , 3 October Pages: Distribution: F. This instruction implements the Uniform Code of Military Justice (UCMJ). and now may be found in AFI , Administration of Military Justice, and AFI ,. Nonjudicial Punishment, respectively. 1. Good order.
|Genre:||Health and Food|
|Published (Last):||21 May 2013|
|PDF File Size:||3.9 Mb|
|ePub File Size:||16.85 Mb|
|Price:||Free* [*Free Regsitration Required]|
The goals of the alcohol and drug treatment divisions created under this Chapter include the following: I am the sole authority to exclude time granted as. Letters of warning, reprimand, or admonition; ST. For purposes of this More information.
As the offense in this case occurred after 24 Junethe convening authority should have been advised that he did not have the authority to set aside the finding of guilt, disapprove the punitive discharge, or provide the requested relief of reducing the amount of confinement from the 8 months imposed by the military judge.
This chapter shall be known as the “New York city false claims act. M A list of court member nominees may not be required if the case will ultimately be referred to a court-martial previously impaneled to try cases i.
A qualified court reporter records the proceedings and testimony, and prepares a record of the proceedings for authentication by the president.
32 CFR 884.3 – Placing member under restraint pending delivery.
Court-martial charges have not been preferred against [Subject]. A verbatim transcript of the testimony of a witness or all or any part of the hearing will only be prepared with the approval of my Staff Judge Advocate SJA.
Prior to the preliminary hearing, GC shall provide to adi defense the following: A suitable government back-up recording by the GC is 5-1201 allowed. The convening authority or the PHO must conduct a case-by-case, witness-by-witness, circumstance-bycircumstance analysis of whether the closure is necessary. Maricopa County Attorney s Office Adult Criminal Case Process The following is a brief description of the process to prosecute an adult accused of committing a felony offense.
This letter is forwarded to the superior court-martial convening authority, through the superior convening authority s SJA, and must include the following documents as attachments: If such permission is required, it is generally requested before preferral and as soon as possible because ari the length of time to process the request. Preliminary Hearing Officer s Report 6. The government is not required to complete a verbatim transcript of all or any part of the preliminary hearing, but the SJA may authorize a verbatim transcript.
When considering uncharged offenses identified during the preliminary hearing, the PHO shall inform the accused of the general nature of each af offense considered, either at the outset of the hearing or at any point during the hearing where the potential offense is revealed, and otherwise afford the accused the same opportunity for representation, cross-examination, and presentation afforded during the preliminary hearing of 51-2201 charged offense.
The PHO shall receive a copy of the recording of hearing as soon as practicable following the conclusion of the hearing for attaching to the PHO report. A failure to object prior to the deposition to the taking of the deposition More information.
As stated in paragraphvictims have a right to be present at the preliminary hearing Handling Other Offenses. Scope of the Civil Rules Title 3. The PHO assumes the military judge s authority to follow procedures in M. The charge sheet, the commander s indorsement, forwarding letters fai other indorsements, and, if applicable, the preliminary hearing officer s appointment letter and report with attachments including the hearing recording, receipts afii report and any objections should be forwarded with the pretrial advice to the convening authority.
If applicable, include information on significant aggravating, extenuating or mitigating factors. Initial Disposition of Alleged Offense of Sexual Assault Pursuant to the Secretary of Defense policy withholding initial disposition authority, effective 28 JuneI have reviewed the case file and your recommendation s pertaining to the alleged attempt to commit rape aggravated sexual assault forcible sodomy in violation of Article 80UCMJ, by [Subject] against [Victim] on [date] and other allegations of misconduct arising from or relating to the same incident.
Please read it carefully. It is ordered that the 51-2011 heretofore adopted and promulgated by this Court and now in effect be and they hereby are amended to become effective January 1, The PHO should proceed with the preliminary hearing of the new offenses. If the SJA authorizes a 512-01 transcript, then the accused and the victim may request, have af to, and be provided a copy of the verbatim transcript The Accused.
e-CFR data is current as of December 20, : Code of Federal Regulations
Parties may obtain discovery by one or more of the following wfi Change to para 4. Motion for appropriate relief. The PHO shall provide GC and DC opportunity to cross-examine adverse witnesses on matters relevant to the limited scope and purpose of the preliminary hearing Other Evidence.
Although potential witnesses are normally excluded from watching the proceedings, the PHO has the authority to permit some potential witnesses e. The United States Department of More information. Definitions 5 5 I. Where the subpoena commands any custodian of public records or any custodian of hosp Rule If an Article 32, UCMJ preliminary hearing is not conducted, forward the documentary evidence that the SJA relied upon afk conclude the charges and specifications are warranted, such as investigative reports, witness statements and other documents containing relevant information.
If it is impracticable for the original convening authority to continue exercising authority over the charges, the convening authority may cause the charges, even afu referred, to be transmitted to a parallel convening authority. Family Law Arbitration Act.
If a PHO excludes a victim from the hearing, the PHO shall provide specific findings of fact in writing that support the exclusion 51-2001 the written findings of fact must be included in the PHO s report. Afu comply with paragraphs 4.
In any case in which the accused is a member of the Reserve or ANG, trial counsel must introduce sufficient evidence to establish in-personam jurisdiction over the accused at the time of the offense. The commander s determination may be made in writing, viaor orally.
Witness testimony may be provided in person, by VTC, by telephone or similar means of remote testimony. Disclosure can be obtained through depositions, interrogatories. If the evidence presented supports the offense, the PHO report under the recommendation of disposition of charges may include appropriate recommendations concerning preferral of 5-1201 new charge prior to anyone forwarding them for referral Assembly of the PHO Report.
Ordinarily, Article 32 preliminary hearings are open to the public, including access by news media, whenever possible. It was prepared by an experienced More information.
Appellate Counsel for the United States: