Chapter IV · Forwarding and Disposition of Charges

R.C.M. 404. Action by commander exercising special court-martial jurisdiction

2024 Manual for Courts-Martial, United States

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Except for covered offenses and other charges over which a special trial counsel has exercised authority and has not deferred, when in receipt of charges, a commander exercising special court-martial jurisdiction may:
(1) Dismiss any charge;
Discussion
See R.C.M. 401(c) concerning dismissal of charges, the effect of dismissing charges, and options for further action.
(2) Forward any charge (or, after dismissing a charge, the matter) to a subordinate commander for disposition;
Discussion
See R.C.M. 401(c)(2)(B) concerning forwarding charges to a subordinate. When appropriate, charges may be forwarded to a subordinate even if the subordinate previously considered them.
(3) Forward any charge to a superior commander for disposition;
Discussion
See R.C.M. 401(c)(2)(A) for guidance concerning forwarding charges to a superior.
(4) Subject to R.C.M. 201(f)(2)(D) and (E), 601(d), and 1301(c), refer any charge to a summary court-martial or to a special court-martial for trial; or
Discussion
See Article 23 and R.C.M. 504(b)(2) concerning who may convene special courts-martial. See R.C.M. 601 concerning referral of charges to a special court-martial. See R.C.M. 1302(c) concerning referral of charges to a summary court-martial. See R.C.M. 201(f)(2)(D) and (E) and 1301(c) for limitations on the referral of certain offenses to special and summary courts-martial.
(5) Unless otherwise prescribed by the Secretary concerned, direct a preliminary hearing under R.C.M. 405, and, if appropriate, forward the report of preliminary hearing with the charges to a superior commander for disposition.
Discussion
A preliminary hearing should be directed when it appears that the charges are of such a serious nature that trial by general court-martial may be warranted. See R.C.M. 405. If a preliminary hearing of the subject matter already has been conducted, see R.C.M. 405(b) and 405(f)(2).