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

R.C.M. 303. Preliminary inquiry into reported offenses

2024 Manual for Courts-Martial, United States

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Except for covered offenses as defined by Article 1(17), upon receipt of information that a member of the command is accused or suspected of committing an offense or offenses triable by court-martial, the immediate commander shall make or cause to be made a preliminary inquiry into the charges or suspected offenses. A commander who receives a report of a covered offense shall promptly forward the report to a special trial counsel in accordance with R.C.M. 301(c) and regulations prescribed by the Secretary concerned.
Discussion
In serious or complex cases, including sexual offenses and sexual harassment, the commander should, and in some cases must, seek law enforcement or appropriate investigative assistance in conducting any inquiry or further investigation. The Military Rules of Evidence should be consulted when conducting interrogations ( see Mil. R. Evid. 301-306), searches ( see Mil. R. Evid. 311-317), and eyewitness identifications (see Mil. R. Evid. 321). If the offense is one for which the Department of Justice has investigative responsibilities, appropriate coordination should be made under the Memorandum of Understanding, see Appendix 3, and any implementing regulations. If it appears that any witness may not be available for later proceedings in the case, this should be brought to the attention of appropriate authorities. See also R.C.M. 702 (depositions). A person who is an accuser ( see Article 1(9)) is disqualified from convening a general or special court-martial in that case. See R.C.M. 504(c)(1). Therefore, when the immediate commander is a general or special court-martial convening authority, the preliminary inquiry should be conducted by another officer of the command. That officer may be informed that charges may be preferred if the officer determines that preferral is warranted.
Cross-referencesCited by 6Cites 21Elsewhere 1
Cited by

Provisions elsewhere in the Manual whose text cites R.C.M. 303. Each link opens the citing provision.

Rules for Courts-Martial
Discussion under R.C.M. 301(c) — Report of offense
…(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…
Discussion under R.C.M. 306(c)(5) — Initial disposition of offenses over which special trial counsel does not exercise authority
…for other reasons, such as for investigation of allegations and preferral of charges, if warranted ( see R.C.M. 303, 307), or so that a subordinate can dispose of the matter.
Discussion under R.C.M. 401(b) — Forwarding and disposition of charges in general
…disposition, a commander who receives charges should ensure that: (1) a preliminary inquiry under R.C.M. 303 has been conducted; (2) the accused has been notified in accordance with R.C.M. 308; and (3) the charges are…
Discussion under R.C.M. 401(c)(2)(B) — Forwarding and disposition of charges in general
…may be sent or returned to a subordinate commander for compliance with procedural requirements. See, e.g. , R.C.M. 303 (preliminary inquiry); R.C.M. 308 (notification to accused of charges).
Discussion under R.C.M. 402(2) — Action by commander not authorized to convene courts-martial
See R.C.M. 401(c)(2) for additional guidance concerning forwarding charges. See generally R.C.M. 303 (preliminary inquiry); 308 (notification to accused of charges) concerning other duties of the immediate…
Discussion under R.C.M. 407(a)(2) — Action by commander exercising general court-martial jurisdiction
…may be sent or returned to a subordinate commander for compliance with procedural requirements. See, e.g., R.C.M. 303 (preliminary inquiry); R.C.M. 308 (notification to accused of charges).