Chapter III · Initiation of Charges; Apprehension; Pretrial Restraint; Related Matters
R.C.M. 303A. Determination by special trial counsel to exercise authority
2024 Manual for Courts-Martial, United States
Recent revisions Summary of changes Cited by (3)(a) Initial determination. A special trial counsel has the exclusive authority to determine if a reported offense is a covered offense.
(b) Covered offense. If a special trial counsel determines that a reported offense is a covered offense or receives a preferred charge alleging a covered offense, a special trial counsel shall exercise authority over that covered offense.
(c) Related offenses. If a special trial counsel exercises authority pursuant to R.C.M. 303A(b), the special trial counsel may also exercise authority over any reported offense or charge related to a covered offense, whether alleged to have been committed by the suspect of the covered offense or by anyone else subject to the UCMJ.
(d) Known offenses. If a special trial counsel exercises authority pursuant to R.C.M. 303A(b), the special trial counsel may also exercise authority over any offense or charge alleged to have been committed by the suspect of the covered offense.
(e) Notification to command. When a special trial counsel exercises authority over any reported offense, the special trial counsel shall notify the officer exercising special court-martial convening authority over the suspect.
Cross-referencesCited by 3
Cited by
Provisions elsewhere in the Manual whose text cites R.C.M. 303A. Each link opens the citing provision.
Rules for Courts-Martial
…the special trial counsel shall notify the suspect’s special court-martial convening authority. See R.C.M. 303A(e).
R.C.M. 301(c) — Report of offense
…authority to determine whether a reported offense is a covered, known, or related offense in accordance with R.C.M. 303A .
Discussion under R.C.M. 401(a) — Forwarding and disposition of charges in general
…the commander shall forward the charges to a special trial counsel for an initial determination under R.C.M. 303A. See R.C.M. 504 as to who may convene courts-martial and paragraph 2 of Part V as to who may administer…