AIR FORCE INSTRUCTION 6 JUNE Law. ADMINISTRATION OF MILITARY JUSTICE. COMPLIANCE WITH THIS PUBLICATION IS MANDATORY. Supersedes AFI , 3 October Pages: Distribution: F. This instruction implements the Uniform Code of Military Justice (UCMJ). and now may be found in AFI , Administration of Military Justice, and AFI ,. Nonjudicial Punishment, respectively. 1. Good order.
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The other limited functions of the preliminary hearing are to determine whether the convening authority has court-martial jurisdiction over the offenses s and the accused; to consider the form of the charge s ; and to recommend the disposition that should be made of the charge s. Prior to the preliminary hearing, GC shall provide to afj defense the following: Furthermore, unless a specific exception applies, a convening authority is prohibited from disapproving an adjudged punitive discharge or any portion of an adjudged sentence of confinement for more than six months.
Commander s Indorsement with attachments 3. Change to para 1. Friday 31st October, Further, if the convening authority has given the PHO the authority to grant delays, the PHO may grant a reasonable delay to allow the GC to comply with the above requirements Disclosure Prior to the Preliminary Hearing.
Code et seq. If there is a dispute between the parties as to the form, the commander s decision should be in writing and included in the final report. Letters of warning, reprimand, or admonition; ST. Notice of any witnesses that the GC intends to call avi the preliminary hearing; Copies of or access to any written or recorded statements made by the witnesses GC intends to call at the preliminary hearing that relate to the subject matter of any charged offense; Notice of, and reasonable access to, any other evidence the GC intends to offer at the preliminary hearing; and Notice of, and reasonable access to, evidence that is within the possession or control of GC that negates or reduces the degree of guilt of the accused for an offense charged Victim Testimony.
The charge sheet, the commander s indorsement, forwarding letters or other indorsements, and, if applicable, the preliminary hearing officer s appointment letter and report with attachments including the hearing recording, receipts of report and any objections should be forwarded with the pretrial advice to the convening authority.
A complaint is a wfi statement sworn to by. DD Form and Indorsement 2.
Access by spectators to all or part of the proceeding 5-1201 be restricted or foreclosed at the discretion of the convening authority who directed the preliminary hearing, or at the PHO s discretion when an overriding interest exists that outweighs the value of an open preliminary hearing. This sheet is designed to help you understand More information.
If the member is no longer on active duty when the offense is discovered, the member may be involuntarily ordered to active. It explains the disciplinary avi More information.
In JuneAppellant responded to an online advertisement in a section for women who were looking for men. When Appellant went to the proposed meeting place, law enforcement apprehended him.
PO Box Seattle.
e-CFR data is current as of December 20, : Code of Federal Regulations
The period of time of such delay shall be excluded when determining whether the period in R. ADD New Review of a certain specification s not referred to court-martial by convening authority.
It is ordered that the Rules heretofore adopted and promulgated by this Court and now in effect be and they hereby zfi amended to become effective January 1, For offenses occurring on or after 24 Junea convening authority no longer has unfettered discretion to set aside findings or reduce adjudged sentences. The purpose of the Article 32 preliminary hearing is limited to an examination of those issues necessary to determine whether there is probable cause to believe an offense has been committed and whether the accused committed aafi.
32 CFR 884.3 – Placing member under restraint pending delivery.
The charges and specifications [if applicable, insert, as amended, ] allege offenses under the UCMJ. Name of Beginning Lawyer: It was prepared by an experienced. If GC does not object to the defenserequested military witness or the PHO determines that the military witness is relevant, not cumulative, and necessary, GC shall request that the commander of the military witness make that person available to provide testimony Commander Determination of Witness Availability.
Be it enacted by the People of the. It explains the disciplinary procedures. This letter is forwarded to the superior court-martial convening authority, through the superior convening authority s SJA, and must include the following documents as attachments: Although potential witnesses are normally excluded from watching the proceedings, the PHO has the authority to permit some potential witnesses e.
Factors to be considered in making this determination include the costs of producing the witness; the timing of the request for production of the witness; the potential delay in the proceeding that may be caused by the production of the witness; and the likelihood of significant interference with operational deployment, mission accomplishment, or essential training.
Charge Sheet; Article 32 appointment letter; Documents accompanying the charge sheet on which the preferral decision was based; Documents provided to the convening authority when deciding to direct the preliminary hearing; Documents the GC intends to present at the hearing; and Access to tangible objects GC intends to present at the preliminary hearing Should the GC fail to provide this information, the PHO shall note the issue in the preliminary hearing report. The Article 32 preliminary hearing in this case is scheduled for [date].
Additional review is required of a decision not to refer a charge to court-martial, with respect to the following alleged offense s: