Sec. 537. Advice to convening authority before referral for trial
248 words·~1 min read·
/bill/117/s/1605/eah/section-537·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 834 of title 10, United States Code (article 34 of the Uniform Code of Military Justice), is amended— in subsection (a)(1), by striking Before referral and inserting Subject to subsection (c), before referral in subsection (b), by striking Before referral and inserting Subject to subsection (c), before referral ; by redesignating subsections
(c)and
(d)as subsections
(d)and
(e)respectively; by inserting after subsection
(b)the following new subsection: A referral to a general or special court-martial for trial of charges and specifications over which a special trial counsel exercises authority may only be made— by a special trial counsel, subject to a special trial counsel’s written determination accompanying the referral that— each specification under a charge alleges an offense under this chapter; there is probable cause to believe that the accused committed the offense charged; and a court-martial would have jurisdiction over the accused and the offense; or in the case of charges and specifications that do not allege a covered offense and as to which a special trial counsel declines to prefer or, in the case of charges and specifications preferred by a person other than a special trial counsel, refer charges, by the convening authority in accordance with this section. ; and in subsection (e), as so redesignated, by inserting or, with respect to charges and specifications over which a special trial counsel exercises authority in accordance with section 824a of this title (article 24a), a special trial counsel, after convening authority .