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
Recent revisions Summary of changes Cited by (7)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.
Cross-referencesCited by 7Cites 11Elsewhere 1
Cited by
Provisions elsewhere in the Manual whose text cites R.C.M. 404. Each link opens the citing provision.
Rules for Courts-Martial
Discussion under R.C.M. 306(c)(4) — Initial disposition of offenses over which special trial counsel does not exercise authority
…a preliminary hearing under R.C.M. 405 may be directed. Additional guidance on these matters is found in R.C.M. 401-407. Pursuant to Article 24a and R.C.M. 306A, a convening authority may not dispose of a covered offense at a…
Discussion under R.C.M. 307(a) — Preferral of charges
…authority is not disqualified by being the accuser). A person authorized to dispose of offenses ( see R.C.M. 306-306A, 401-404, and 407) should not be ordered to prefer charges when this would disqualify that person from exercising that…
R.C.M. 401(c)(3) — Forwarding and disposition of charges in general
Referral of charges. See R.C.M. 403, 404, 407, 601.
Discussion under R.C.M. 402(2) — Action by commander not authorized to convene courts-martial
…when in receipt of charges. When the immediate commander is authorized to convene courts-martial, see R.C.M. 403, 404, or 407, as appropriate.
Discussion under R.C.M. 601(b)(2) — Referral
See R.C.M. 306(a), 403, 404, 407, and 504. The convening authority may be of any command, including a command different from that of the accused, but…
Discussion under R.C.M. 905(b)(1) — Motions generally
…include unsworn charges, inadequate Article 32 preliminary hearing, and inadequate pretrial advice. See R.C.M. 307, 401–407, 601–604, 906(b)(3).
Discussion under R.C.M. 915(c)(1) — Mistrial
…authority, or special trial counsel as applicable, who may refer them anew or otherwise dispose of them. See R.C.M. 401- 407.
R.C.M. 404 cites
Provisions named in the text of R.C.M. 404. Where the cited provision is on this site, the link opens it.