Summary of changes
R.C.M. 1307 — Review of summary courts-martial by a judge advocate
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
26 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
1307(a)
unchanged
Original text
In general.
Except as provided in subsection (b) of this rule, under regulations of the Secretary concerned, a judge advocate shall review each summary court-martial in which there is a finding of guilty.
Current text
In general.
Except as provided in subsection (b) of this rule, under regulations of the Secretary concerned, a judge advocate shall review each summary court-martial in which there is a finding of guilty.
1307(b)
unchanged
Original text
Exception.
If the accused is found not guilty or not guilty only by reason of lack of mental responsibility of all offenses or if the convening authority disapproved all findings of guilty, no review under this rule is required.
Current text
Exception.
If the accused is found not guilty or not guilty only by reason of lack of mental responsibility of all offenses or if the convening authority disapproved all findings of guilty, no review under this rule is required.
1307(c)
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Original text
Disqualification.
No person may review a case under this rule if that person has acted in the same case as an accuser, preliminary hearing officer, summary court-martial officer, or counsel, or has otherwise acted on behalf of the prosecution or defense.
Current text
Disqualification.
No person may review a case under this rule if that person has acted in the same case as an accuser, preliminary hearing officer, summary court-martial officer, or counsel, or has otherwise acted on behalf of the prosecution or defense.
1307(d)
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Original text
Form and content of review.
The judge advocate’s review shall be in writing and shall contain the following:
Current text
Form and content of review.
The judge advocate’s review shall be in writing and shall contain the following:
1307(d)(1)
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Original text
Conclusions as to whether—
Current text
Conclusions as to whether—
1307(d)(1)(A)
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Original text
the court-martial had jurisdiction over the accused and each offense as to which there is a finding of guilty that has not been disapproved;
Current text
the court-martial had jurisdiction over the accused and each offense as to which there is a finding of guilty that has not been disapproved;
1307(d)(1)(B)
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Original text
each specification as to which there is a finding of guilty that has not been disapproved stated an offense; and
Current text
each specification as to which there is a finding of guilty that has not been disapproved stated an offense; and
1307(d)(1)(C)
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Original text
the sentence was legal.
Current text
the sentence was legal.
1307(d)(2)
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Original text
A response to each allegation of error made in writing by the accused. Such allegations may be filed under R.C.M. 1106 or directly with the judge advocate who reviews the case; and
Current text
A response to each allegation of error made in writing by the accused. Such allegations may be filed under R.C.M. 1106 or directly with the judge advocate who reviews the case; and
1307(d)(3)
unchanged
Original text
If the case is sent for action to the officer exercising general court-martial jurisdiction under subsection (e) of this rule, a recommendation as to the appropriate action to be taken and an opinion as to whether corrective action is required as a matter of law. A copy of the judge advocate’s review under this rule shall be attached to the record of trial. A copy of the review shall also be forwarded to the accused.
Current text
If the case is sent for action to the officer exercising general court-martial jurisdiction under subsection (e) of this rule, a recommendation as to the appropriate action to be taken and an opinion as to whether corrective action is required as a matter of law. A copy of the judge advocate’s review under this rule shall be attached to the record of trial. A copy of the review shall also be forwarded to the accused.
1307(e)
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Original text
Forwarding to officer exercising general court-martial jurisdiction.
In cases reviewed under this rule, the record of trial shall be sent for action to the officer exercising general court-martial convening authority over the accused at the time the court-martial was held (or to that officer’s successor) when:
Current text
Forwarding to officer exercising general court-martial jurisdiction.
In cases reviewed under this rule, the record of trial shall be sent for action to the officer exercising general court-martial convening authority over the accused at the time the court-martial was held (or to that officer’s successor) when:
1307(e)(1)
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Original text
The judge advocate who reviewed the case recommends corrective action; or
Current text
The judge advocate who reviewed the case recommends corrective action; or
1307(e)(2)
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Original text
Such action is otherwise required by regulations of the Secretary concerned.
Current text
Such action is otherwise required by regulations of the Secretary concerned.
1307(f)
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Original text
Action by officer exercising general court-martial jurisdiction.
Current text
Action by officer exercising general court-martial jurisdiction.
1307(f)(1)
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Original text
Action.
The officer exercising general court-martial jurisdiction who receives a record under subsection (e) of this rule may—
Current text
Action.
The officer exercising general court-martial jurisdiction who receives a record under subsection (e) of this rule may—
1307(f)(1)(A)
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Original text
Disapprove or approve the findings or sentence in whole or in part;
Current text
Disapprove or approve the findings or sentence in whole or in part;
1307(f)(1)(B)
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Original text
Remit, commute, or suspend the sentence in whole or in part;
Current text
Remit, commute, or suspend the sentence in whole or in part;
1307(f)(1)(C)
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Original text
Except where the evidence was insufficient at the trial to support the findings, order a rehearing on the findings, on the sentence, or on both; or
Current text
Except where the evidence was insufficient at the trial to support the findings, order a rehearing on the findings, on the sentence, or on both; or
1307(f)(1)(D)
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Original text
Dismiss the charges.
Current text
Dismiss the charges.
1307(f)(1)(D)|D
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Original text
See R.C.M. 1102(a) concerning when the officer exercising general court-martial jurisdiction may order parts of the sentence executed. See R.C.M. 1111(a)(3) explaining that the findings and sentence of the court-martial, as modified or approved by the convening authority, constitute the judgment in summary courts-martial.
Current text
See R.C.M. 1102(a) concerning when the officer exercising general court-martial jurisdiction may order parts of the sentence executed. See R.C.M. 1111(a)(3) explaining that the findings and sentence of the court-martial, as modified or approved by the convening authority, constitute the judgment in summary courts-martial.
1307(f)(2)
unchanged
Original text
Rehearing.
If the officer exercising general court-martial jurisdiction orders a rehearing, but the convening authority finds a rehearing impracticable, the convening authority shall dismiss the charges.
Current text
Rehearing.
If the officer exercising general court-martial jurisdiction orders a rehearing, but the convening authority finds a rehearing impracticable, the convening authority shall dismiss the charges.
1307(f)(3)
unchanged
Original text
Notification.
After the officer exercising general court-martial jurisdiction has taken action, the accused shall be notified of the action and the accused shall be provided with a copy of the action.
Current text
Notification.
After the officer exercising general court-martial jurisdiction has taken action, the accused shall be notified of the action and the accused shall be provided with a copy of the action.
1307(g)
unchanged
Original text
Records forwarded to the Judge Advocate General.
If the judge advocate who reviews the case under this rule states that corrective action is required as a matter of law, and the officer exercising general court-martial jurisdiction does not take action that is at least as favorable to the accused as that recommended by the judge advocate, the record of trial and the action thereon shall be forwarded to the Judge Advocate General for review under R.C.M. 1201(j).
Current text
Records forwarded to the Judge Advocate General.
If the judge advocate who reviews the case under this rule states that corrective action is required as a matter of law, and the officer exercising general court-martial jurisdiction does not take action that is at least as favorable to the accused as that recommended by the judge advocate, the record of trial and the action thereon shall be forwarded to the Judge Advocate General for review under R.C.M. 1201(j).
1307(h)
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Original text
Application for post-final review by the Judge Advocate General.
Not later than one year after completion of the judge advocate’s review of the case under this rule, the accused may apply for review by the Judge Advocate General under R.C.M. 1201(h) on the grounds of newly discovered evidence, fraud on the court-martial, lack of jurisdiction over the accused or offense, error prejudicial to the substantial rights of the accused, or the appropriateness of the sentence.
Current text
Application for post-final review by the Judge Advocate General.
Not later than one year after completion of the judge advocate’s review of the case under this rule, the accused may apply for review by the Judge Advocate General under R.C.M. 1201(h) on the grounds of newly discovered evidence, fraud on the court-martial, lack of jurisdiction over the accused or offense, error prejudicial to the substantial rights of the accused, or the appropriateness of the sentence.
1307(i)
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Original text
Review by a Court of Criminal Appeals.
After the Judge Advocate General reviews a summary court-martial under R.C.M. 1201(h) or (j), the case may be sent to the Court of Criminal Appeals by order of the Judge Advocate General, or the accused may submit an application for review to the Court of Criminal Appeals in accordance with R.C.M. 1201(k).
Current text
Review by a Court of Criminal Appeals.
After the Judge Advocate General reviews a summary court-martial under R.C.M. 1201(h) or (j), the case may be sent to the Court of Criminal Appeals by order of the Judge Advocate General, or the accused may submit an application for review to the Court of Criminal Appeals in accordance with R.C.M. 1201(k).
1307(j)
unchanged
Original text
Other records.
Records reviewed under this rule that are not forwarded under subsection (g) shall be disposed of as prescribed by the Secretary concerned.
Current text
Other records.
Records reviewed under this rule that are not forwarded under subsection (g) shall be disposed of as prescribed by the Secretary concerned.
“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.