Chapter IV · Forwarding and Disposition of Charges
R.C.M. 407. Action by commander exercising general court-martial jurisdiction
2024 Manual for Courts-Martial, United States
Recent revisions Summary of changes Cited by (12)(a) Disposition. Except for covered offenses and any other charges over which a special trial counsel has exercised authority and has not deferred, a commander exercising general court-martial jurisdiction, when in receipt of charges, may:
(1) Dismiss any charge;
Discussion
See R.C.M. 401(c)(1) concerning dismissal of charges and the effect of dismissing charges.
(2) Forward any charge (or, after dismissing charges, the matter) to a subordinate commander for disposition;
Discussion
See R.C.M. 401(c)(2)(B) concerning forwarding charges to a subordinate. A subordinate commander may not be required to take any specific action or to dispose of charges. See R.C.M. 104. See also paragraph 1.d.(2) of Part V. When appropriate, charges 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).
(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;
Discussion
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, after which additional action under this rule may be taken;
(6) Subject to R.C.M. 601(d), refer any charge to a general court-martial.
Discussion
See Article 22 and R.C.M. 504(b)(1) concerning who may exercise general court-martial jurisdiction. See R.C.M. 601 concerning referral of charges. See R.C.M. 306 and 401 concerning other dispositions. See Section 1744 (b)-(d) of the National Defense Authorization Act for Fiscal Year 2014, Pub. L. No. 113-66, 127 Stat. 980 (2013), as amended by Section 541 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015, Pub. L. 113-291, 128 Stat. 3371 (2014) and Service regulations for possible higher-level review requirements for decisions not to refer charges of certain sex-related offenses for trial by court-martial.
(b) National security matters.
(1) Subject to R.C.M. 407(b)(2), when in receipt of charges the trial of which the commander exercising general court-martial jurisdiction finds would probably be detrimental to the prosecution of a war or harmful to national security, that commander, unless otherwise prescribed by regulations of the Secretary concerned, shall determine whether trial is warranted and, if so, whether the security considerations involved are paramount to trial. As the commander finds appropriate, the commander may dismiss the charges, authorize trial of them, or forward them to a superior authority.
(2) For charges and specifications over which a special trial counsel has exercised authority and has not deferred and a commander believes trial would be detrimental to the prosecution of a war or harmful to national security, the matter shall be forwarded to the Secretary concerned.
Cross-referencesCited by 12Cites 16Elsewhere 1
Cited by
Provisions elsewhere in the Manual whose text cites R.C.M. 407. 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…
R.C.M. 306(d) — Initial disposition of offenses over which special trial counsel does not exercise authority (407(b))
…security, the matter shall be forwarded to the general court-martial convening authority for action under R.C.M. 407(b).
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…
…charges because trial would be detrimental to the prosecution of a war or harmful to national security, see R.C.M. 401(d) and 407(b). If the accused has already refused nonjudicial punishment, charges should not be dismissed with a view to…
R.C.M. 401(c)(3) — Forwarding and disposition of charges in general
Referral of charges. See R.C.M. 403, 404, 407, 601.
See R.C.M. 407(b).
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.
…be warranted but would be detrimental to the prosecution of a war or inimical to national security, see R.C.M. 401(d) and 407(b).
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).
R.C.M. 909(c)(1) — Capacity of the accused to stand trial by court-martial
…does not concur, that authority may take any action that he or she deems appropriate in accordance with R.C.M. 407, including referral of the charges to trial.
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. 407 cites
Provisions named in the text of R.C.M. 407. Where the cited provision is on this site, the link opens it.