Chapter VI · Referral, Service, Amendment, and Withdrawal of Charges
R.C.M. 603. Changes to charges and specifications
2024 Manual for Courts-Martial, United States
See all changes(a) In general. Any person forwarding, acting upon, or prosecuting charges on behalf of the United States except a preliminary hearing officer appointed under R.C.M. 405 may make major and minor changes to charges or specifications in accordance with this rule.
(b) Major and minor changes defined.
(1) Major changes. A major change is one that adds a party, an offense, or a substantial matter not fairly included in the preferred charge or specification, or that is likely to mislead the accused as to the offense charged.
(2) Minor changes. A minor change in a charge or specification is any change other than a major change.
Discussion
Minor changes include those necessary to correct inartfully drafted or redundant specifications; to correct a misnaming of the accused; to allege the proper article; or to correct other slight errors. Minor changes also include those which reduce the seriousness of an offense, as when the value of an allegedly stolen item in a larceny specification is reduced, or when a desertion specification is amended and alleges only unauthorized absence.
(c) Major and minor changes before referral. Before referral, subject to paragraph (d)(2), a major or minor change may be made to any charge or specification.
(d) Major changes after referral or preliminary hearing.
(1) After referral, a major change may not be made over the objection of the accused unless the charge or specification is withdrawn, amended, and referred anew.
(2) In the case of a general court-martial, a major change made to a charge or specification after the preliminary hearing may require reopening the preliminary hearing in accordance with R.C.M. 405.
Discussion
In the case of a general court-martial, a preliminary hearing under R.C.M. 405 will be necessary if the charge as amended or changed was not covered in a prior preliminary hearing. If the substance of the charge or specification as amended or changed has not been referred or, in the case of a general court-martial, considered at a preliminary hearing, a new referral and, if appropriate, preliminary hearing are necessary. When charges are re-referred, they must be served anew under R.C.M. 602.
(e) Minor changes after referral. Minor changes may be made to the charges and specifications after referral and before arraignment. After arraignment, the military judge may, upon motion, permit minor changes in the charges and specifications at any time before findings are announced if no substantial right of the accused is prejudiced.
Discussion
Charges and specifications forwarded or referred for trial should be free from defects of form and substance. Scriveners’ errors may be corrected without the charge being sworn anew by the accuser. Other changes should be signed and sworn to by an accuser. All changes in the charges should be initialed by the person who makes the changes. Except for charges over which a special trial counsel has exercised authority and has not deferred, a trial counsel acting under this provision ordinarily should consult with the convening authority before making any changes that, even though minor, change the nature or seriousness of the offense.