Chapter III · Initiation of Charges; Apprehension; Pretrial Restraint; Related Matters

R.C.M. 301. Report of offense

2024 Manual for Courts-Martial, United States

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(a) Who may report. Any person may report an offense subject to trial by court-martial.
(b) To whom reports are conveyed. Ordinarily, any military authority who receives a report of an offense shall forward as soon as practicable the report and any accompanying information to the immediate commander of the suspect. Competent authority superior to that commander may direct otherwise.
(c) Special trial counsel. All reports of covered offenses shall be forwarded promptly to a special trial counsel. A special trial counsel shall have the authority to determine whether a reported offense is a covered, known, or related offense in accordance with R.C.M. 303A .
Discussion
Any military authority may receive a report of an offense. Typically such reports are made to law enforcement or investigative personnel, or to appropriate persons in the chain of command. A report may be made by any means, and no particular format is required. When a person who is not a law enforcement official receives a report of an offense, that person should forward the report to the immediate commander of the suspect unless that person believes it would be more appropriate to notify law enforcement or investigative authorities. If the suspect is unidentified, the military authority who receives the report should refer it to a law enforcement or investigative agency. Upon receipt of a report, the immediate commander of a suspect, or a special trial counsel, as appropriate, should refer to R.C.M. 306 (Initial disposition) or R.C.M. 306A (Initial determination by special trial counsel to exercise authority). See also R.C.M. 302 (Apprehension); R.C.M. 303 (Preliminary inquiry into reported offenses); R.C.M. 304, 305 (Pretrial restraint, confinement). Any doubt as to whether a report alleges a covered offense should be resolved in favor of forwarding the reported offense to a special trial counsel.