Summary of changes
Article 32 — Preliminary hearing required before referral to general court-martial
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 Article in one view.
0 amended
0 added
0 removed
39 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
32(a)
unchanged
Original text
IN GENERAL.—
Current text
IN GENERAL.—
32(a)(1)
unchanged
Original text
Current text
32(a)(1)(A)
unchanged
Original text
Except as provided in subparagraph (B), a preliminary hearing shall be held before referral of charges and specifications for trial by general court-martial. The preliminary hearing shall be conducted by an impartial hearing officer detailed in accordance with subparagraph (C).
Current text
Except as provided in subparagraph (B), a preliminary hearing shall be held before referral of charges and specifications for trial by general court-martial. The preliminary hearing shall be conducted by an impartial hearing officer detailed in accordance with subparagraph (C).
32(a)(1)(B)
unchanged
Original text
Under regulations prescribed by the President, a preliminary hearing need not be held if the accused submits a written waiver to—
Current text
Under regulations prescribed by the President, a preliminary hearing need not be held if the accused submits a written waiver to—
32(a)(1)(B)(i)
unchanged
Original text
except as provided in clause (ii), the convening authority and the convening authority determines that a hearing is not required; and
Current text
except as provided in clause (ii), the convening authority and the convening authority determines that a hearing is not required; and
32(a)(1)(B)(ii)
unchanged
Original text
with respect to charges and specifications over which the special trial counsel is exercising authority in accordance with section 824a of this title (article 24a), the special trial counsel and the special trial counsel determines that a hearing is not required.
Current text
with respect to charges and specifications over which the special trial counsel is exercising authority in accordance with section 824a of this title (article 24a), the special trial counsel and the special trial counsel determines that a hearing is not required.
32(a)(1)(C)
unchanged
Original text
Current text
32(a)(1)(C)(i)
unchanged
Original text
Except as provided in clause (ii), the convening authority shall detail a hearing officer.
Current text
Except as provided in clause (ii), the convening authority shall detail a hearing officer.
32(a)(1)(C)(ii)
unchanged
Original text
If a special trial counsel is exercising authority over the charges and specifications subject to a preliminary hearing under this section (article), the special trial counsel shall request a hearing officer and a hearing officer shall be provided by the convening authority, in accordance with regulations prescribed by the President.
Current text
If a special trial counsel is exercising authority over the charges and specifications subject to a preliminary hearing under this section (article), the special trial counsel shall request a hearing officer and a hearing officer shall be provided by the convening authority, in accordance with regulations prescribed by the President.
32(a)(2)
unchanged
Original text
The purpose of the preliminary hearing shall be limited to determining the following:
Current text
The purpose of the preliminary hearing shall be limited to determining the following:
32(a)(2)(A)
unchanged
Original text
Whether or not the specification alleges an offense under this chapter.
Current text
Whether or not the specification alleges an offense under this chapter.
32(a)(2)(B)
unchanged
Original text
Whether or not there is probable cause to believe that the accused committed the offense charged.
Current text
Whether or not there is probable cause to believe that the accused committed the offense charged.
32(a)(2)(C)
unchanged
Original text
Whether or not the convening authority has court-martial jurisdiction over the accused and over the offense.
Current text
Whether or not the convening authority has court-martial jurisdiction over the accused and over the offense.
32(a)(2)(D)
unchanged
Original text
A recommendation as to the disposition that should be made of the case.
Current text
A recommendation as to the disposition that should be made of the case.
32(b)
unchanged
Original text
HEARING OFFICER.—
Current text
HEARING OFFICER.—
32(b)(1)
unchanged
Original text
A preliminary hearing under this section shall be conducted by an impartial hearing officer, who—
Current text
A preliminary hearing under this section shall be conducted by an impartial hearing officer, who—
32(b)(1)(A)
unchanged
Original text
whenever practicable, shall be a judge advocate who is certified under section 827(b)(2) of this title (article 27(b)(2)); or
Current text
whenever practicable, shall be a judge advocate who is certified under section 827(b)(2) of this title (article 27(b)(2)); or
32(b)(1)(B)
unchanged
Original text
when it is not practicable to appoint a judge advocate because of exceptional circumstances, is not a judge advocate so certified.
Current text
when it is not practicable to appoint a judge advocate because of exceptional circumstances, is not a judge advocate so certified.
32(b)(2)
unchanged
Original text
In the case of a hearing officer under paragraph (1)(B), a judge advocate who is certified under section 827(b)(2) of this title (article 27(b)(2)) shall be available to provide legal advice to the hearing officer.
Current text
In the case of a hearing officer under paragraph (1)(B), a judge advocate who is certified under section 827(b)(2) of this title (article 27(b)(2)) shall be available to provide legal advice to the hearing officer.
32(b)(3)
unchanged
Original text
Whenever practicable, the hearing officer shall be equal in grade or senior in grade to military counsel who are detailed to represent the accused or the Government at the preliminary hearing.
Current text
Whenever practicable, the hearing officer shall be equal in grade or senior in grade to military counsel who are detailed to represent the accused or the Government at the preliminary hearing.
32(c)
unchanged
Original text
REPORT TO CONVENING AUTHORITY OR SPECIAL TRIAL COUNSEL.—
After a preliminary hearing under this section, the hearing officer shall submit to the convening authority or, in the case of a preliminary hearing in which the hearing officer is provided at the request of a special trial counsel to the special trial counsel, a written report (accompanied by a recording of the preliminary hearing under subsection (e)) that includes the following:
Current text
REPORT TO CONVENING AUTHORITY OR SPECIAL TRIAL COUNSEL.—
After a preliminary hearing under this section, the hearing officer shall submit to the convening authority or, in the case of a preliminary hearing in which the hearing officer is provided at the request of a special trial counsel to the special trial counsel, a written report (accompanied by a recording of the preliminary hearing under subsection (e)) that includes the following:
32(c)(1)
unchanged
Original text
For each specification, a statement of the reasoning and conclusions of the hearing officer with respect to determinations under subsection (a)(2), including a summary of relevant witness testimony and documentary evidence presented at the hearing and any observations of the hearing officer concerning the testimony of witnesses and the availability and admissibility of evidence at trial.
Current text
For each specification, a statement of the reasoning and conclusions of the hearing officer with respect to determinations under subsection (a)(2), including a summary of relevant witness testimony and documentary evidence presented at the hearing and any observations of the hearing officer concerning the testimony of witnesses and the availability and admissibility of evidence at trial.
32(c)(2)
unchanged
Original text
Recommendations for any necessary modifications to the form of the charges or specifications.
Current text
Recommendations for any necessary modifications to the form of the charges or specifications.
32(c)(3)
unchanged
Original text
An analysis of any additional information submitted after the hearing by the parties or by a victim of an offense, that, under such rules as the President may prescribe, is relevant to disposition under sections 830 and 834 of this title (articles 30 and 34).
Current text
An analysis of any additional information submitted after the hearing by the parties or by a victim of an offense, that, under such rules as the President may prescribe, is relevant to disposition under sections 830 and 834 of this title (articles 30 and 34).
32(c)(4)
unchanged
Original text
A statement of action taken on evidence adduced with respect to uncharged offenses, as described in subsection (f).
Current text
A statement of action taken on evidence adduced with respect to uncharged offenses, as described in subsection (f).
32(d)
unchanged
Original text
RIGHTS OF ACCUSED AND VICTIM.—
Current text
RIGHTS OF ACCUSED AND VICTIM.—
32(d)(1)
unchanged
Original text
The accused shall be advised of the charges against the accused and of the accused’s right to be represented by counsel at the preliminary hearing under this section. The accused has the right to be represented at the preliminary hearing as provided in section 838 of this title (article 38) and in regulations prescribed under that section.
Current text
The accused shall be advised of the charges against the accused and of the accused’s right to be represented by counsel at the preliminary hearing under this section. The accused has the right to be represented at the preliminary hearing as provided in section 838 of this title (article 38) and in regulations prescribed under that section.
32(d)(2)
unchanged
Original text
The accused may cross-examine witnesses who testify at the preliminary hearing and present additional evidence that is relevant to the issues for determination under subsection (a)(2).
Current text
The accused may cross-examine witnesses who testify at the preliminary hearing and present additional evidence that is relevant to the issues for determination under subsection (a)(2).
32(d)(3)
unchanged
Original text
A victim may not be required to testify at the preliminary hearing. A victim who declines to testify shall be deemed to be not available for purposes of the preliminary hearing. A declination under this paragraph shall not serve as the sole basis for ordering a deposition under section 849 of this title (article 49).
Current text
A victim may not be required to testify at the preliminary hearing. A victim who declines to testify shall be deemed to be not available for purposes of the preliminary hearing. A declination under this paragraph shall not serve as the sole basis for ordering a deposition under section 849 of this title (article 49).
32(d)(4)
unchanged
Original text
The presentation of evidence and examination (including cross-examination) of witnesses at a preliminary hearing shall be limited to the matters relevant to determinations under subsection (a)(2).
Current text
The presentation of evidence and examination (including cross-examination) of witnesses at a preliminary hearing shall be limited to the matters relevant to determinations under subsection (a)(2).
32(e)
unchanged
Original text
RECORDING OF PRELIMINARY HEARING.—
A preliminary hearing under subsection (a) shall be recorded by a suitable recording device. The victim may request the recording and shall have access to the recording under such rules as the President may prescribe.
Current text
RECORDING OF PRELIMINARY HEARING.—
A preliminary hearing under subsection (a) shall be recorded by a suitable recording device. The victim may request the recording and shall have access to the recording under such rules as the President may prescribe.
32(f)
unchanged
Original text
EFFECT OF EVIDENCE OF UNCHARGED OFFENSE.—
If evidence adduced in a preliminary hearing under subsection (a) indicates that the accused committed an uncharged offense, the hearing officer may consider the subject matter of that offense without the accused having first been charged with the offense if the accused—
Current text
EFFECT OF EVIDENCE OF UNCHARGED OFFENSE.—
If evidence adduced in a preliminary hearing under subsection (a) indicates that the accused committed an uncharged offense, the hearing officer may consider the subject matter of that offense without the accused having first been charged with the offense if the accused—
32(f)(1)
unchanged
Original text
is present at the preliminary hearing;
Current text
is present at the preliminary hearing;
32(f)(2)
unchanged
Original text
is informed of the nature of each uncharged offense considered; and
Current text
is informed of the nature of each uncharged offense considered; and
32(f)(3)
unchanged
Original text
is afforded the opportunities for representation, cross-examination, and presentation consistent with subsection (d).
Current text
is afforded the opportunities for representation, cross-examination, and presentation consistent with subsection (d).
32(g)
unchanged
Original text
EFFECT OF VIOLATION.—
The requirements of this section are binding on all persons administering this chapter, but failure to follow the requirements does not constitute jurisdictional error. A defect in a report under subsection (c) is not a basis for relief if the report is in substantial compliance with that subsection.
Current text
EFFECT OF VIOLATION.—
The requirements of this section are binding on all persons administering this chapter, but failure to follow the requirements does not constitute jurisdictional error. A defect in a report under subsection (c) is not a basis for relief if the report is in substantial compliance with that subsection.
32(h)
unchanged
Original text
VICTIM DEFINED.—
In this section, the term “victim” means a person who—
Current text
VICTIM DEFINED.—
In this section, the term “victim” means a person who—
32(h)(1)
unchanged
Original text
is alleged to have suffered a direct physical, emotional, or pecuniary harm as a result of the matters set forth in a charge or specification being considered; and
Current text
is alleged to have suffered a direct physical, emotional, or pecuniary harm as a result of the matters set forth in a charge or specification being considered; and
32(h)(2)
unchanged
Original text
is named in one of the specifications.
Current text
is named in one of the specifications.
“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.