35.160 Investigation.
405 words·~2 min read·
/ky/chapter-35/35-160A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)No charge or specification shall be referred to a general court-martial for trial until a
thorough and impartial investigation of all the matters set forth therein has been
made. This investigation shall include inquiry as to the truth of the matter set forth
in the charges, consideration of the form of charges, and a recommendation as to the
disposition which should be made of the case in the interest of justice and
discipline.
(2)The accused shall be advised of the charges against the accused and of the right to
be represented at that investigation by counsel. The accused has the right to be
represented at that investigation as provided in KRS 35.190 and in regulations
prescribed under that section. At that investigation full opportunity shall be given to
the accused to cross-examine witnesses against the accused if they are available and
to present anything the accused may desire in the accused's own behalf, either in
defense or mitigation, and the investigating officer shall examine available
witnesses requested by the accused. If the charges are forwarded after such
investigation, they shall be accompanied by a statement of the substance of the
testimony taken on both sides and a copy thereof shall be given to the accused.
(3)If an investigation of the subject matter of an offense has been conducted before the
accused is charged with the offense, and if the accused was present at the
investigation and afforded the opportunities for representation, cross-examination,
and presentation as prescribed in subsection
(2)of this section, no further
investigation of that charge is necessary under this section unless it is demanded by
the accused after the accused is informed of the charge. A demand for further
investigation entitles the accused to recall witnesses for further cross-examination
and to offer any new evidence in the accused's own behalf.
(4)If evidence adduced in an investigation under this section indicates that the accused
committed an uncharged offense, the investigating officer may investigate the
subject matter of that offense without the accused having first been charged with the
offense if the accused is:
(a)Present at the investigation;
(b)Informed of the nature of each uncharged offense investigated; and
(c)Afforded the opportunities for representation, cross-examination, and
presentation prescribed in subsection
(2)of this section.
(5)The requirements of this section are binding on all persons administering this code,
but failure to follow them does not constitute jurisdictional error.