Summary of changes
R.C.M. 403 — Action by commander exercising summary court-martial jurisdiction
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole R.C.M. in one view.
0 amended
0 added
0 removed
13 unchanged
No changes recorded for this R.C.M. —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
403(a)
unchanged
Original text
Recording receipt.
Immediately upon receipt of sworn charges, an officer exercising summary court-martial jurisdiction over the command shall cause the hour and date of receipt to be entered on the charge sheet. After recording receipt of charges over which a special trial counsel has exercised authority and has not deferred, the charge sheet shall be returned to the special trial counsel.
Current text
Recording receipt.
Immediately upon receipt of sworn charges, an officer exercising summary court-martial jurisdiction over the command shall cause the hour and date of receipt to be entered on the charge sheet. After recording receipt of charges over which a special trial counsel has exercised authority and has not deferred, the charge sheet shall be returned to the special trial counsel.
403(a)|D
unchanged
Original text
See Article 24 and R.C.M. 1302(a) concerning who may exercise summary court-martial jurisdiction. The entry indicating receipt is important because it stops the running of the statute of limitations. See Article 43; R.C.M. 907(b)(2)(B). Charges may be preferred and forwarded to an officer exercising summary court-martial jurisdiction over the command to stop the running of the statute of limitations even though the accused is absent without authority.
Current text
See Article 24 and R.C.M. 1302(a) concerning who may exercise summary court-martial jurisdiction. The entry indicating receipt is important because it stops the running of the statute of limitations. See Article 43; R.C.M. 907(b)(2)(B). Charges may be preferred and forwarded to an officer exercising summary court-martial jurisdiction over the command to stop the running of the statute of limitations even though the accused is absent without authority.
403(b)
unchanged
Original text
Disposition.
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 summary court-martial jurisdiction may:
Current text
Disposition.
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 summary court-martial jurisdiction may:
403(b)(1)
unchanged
Original text
Dismiss any charge;
Current text
Dismiss any charge;
403(b)(1)|D
unchanged
Original text
See R.C.M. 401(c) concerning dismissal of charges, the effect of dismissing charges, and options for further action.
Current text
See R.C.M. 401(c) concerning dismissal of charges, the effect of dismissing charges, and options for further action.
403(b)(2)
unchanged
Original text
Forward any charge (or, after dismissing a charge, the matter) to a subordinate commander for disposition;
Current text
Forward any charge (or, after dismissing a charge, the matter) to a subordinate commander for disposition;
403(b)(2)|D
unchanged
Original text
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.
Current text
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.
403(b)(3)
unchanged
Original text
Forward any charge to a superior commander for disposition;
Current text
Forward any charge to a superior commander for disposition;
403(b)(3)|D
unchanged
Original text
See R.C.M. 401(c)(2)(A) for guidance concerning forwarding charges to a superior.
Current text
See R.C.M. 401(c)(2)(A) for guidance concerning forwarding charges to a superior.
403(b)(4)
unchanged
Original text
Subject to R.C.M. 601(d) and 1301(c), refer any charge to a summary court-martial for trial; or
Current text
Subject to R.C.M. 601(d) and 1301(c), refer any charge to a summary court-martial for trial; or
403(b)(4)|D
unchanged
Original text
See R.C.M. 1302(c) concerning referral of charges to a summary court-martial.
Current text
See R.C.M. 1302(c) concerning referral of charges to a summary court-martial.
403(b)(5)
unchanged
Original text
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.
Current text
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.
403(b)(5)|D
unchanged
Original text
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
Current text
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
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.