Summary of changes
R.C.M. 404 — Action by commander exercising special 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
11 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
404
unchanged
Original text
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:
Current text
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:
404(1)
unchanged
Original text
Dismiss any charge;
Current text
Dismiss any charge;
404(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.
404(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;
404(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.
404(3)
unchanged
Original text
Forward any charge to a superior commander for disposition;
Current text
Forward any charge to a superior commander for disposition;
404(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.
404(4)
unchanged
Original text
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
Current text
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
404(4)|D
unchanged
Original text
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.
Current text
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.
404(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.
404(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(b) and 405(f)(2).
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(b) and 405(f)(2).
“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.