Courts Martial Procedures - DEPRECATED
| This is the Document Release Information | |
| Article Number: | 7CAV-R-018 |
| Scope: | Courts Martial |
| Version: | Version 1.0 |
| Effective Date: | 08 DEC 08 |
| Last Modified Date: | DDMMMYYYY |
| Approving Authority: | Regimental Commanding Officer |
| Point of Contact: | Regimental Chief of Staff |
Court Martial
- The JAG office will review matters referred for court-martial by the Accused Commanding Officer. JAG will determine if the matter warrants a court-martial, and forward the matter, along with all evidence to the Regiment Executive Officer for final decision.
- A general court-martial shall consist of the following:
- one military judge, approved by JAG; and
- a panel of no less than three (3) members of peers (Staff Sergeant or above), with a grade greater than or equal to the Accused's current grade.
- Maximum penalty imposed shall be the death penalty (dismissal from 7th Cavalry Regiment).
- May only be convened by:
- the Executive Officer of the 7th Cavalry Regiment; or
- the Accused under an Article 15, before those proceedings take place.
- The prosecutor is to be assigned by the JAG office.
- No person facing a Court Martial will be tried by a member of lesser rank unless at the specific instruction issued by the 7th Cavalry Regiment Commanding Officer.
- The convening member (Commanding Officer in the Accused chain of command) must ensure that all known facts are passed to JAG Office in order that a full investigation can take place by JAG Officers.
- Resulting charges if deemed appropriate will be issued by the JAG office on completion of this investigation. The Chief Judge Advocate General will be responsible for assembling the Court Martial Judges once notification has been received from the convening member and the JAG investigation is complete.
- The member charged may be represented by any officer of his choice (not involved with the case in any capacity) to aid in his defense and if one is not chosen one may be supplied or appointed by the JAG Office.
- Any 7th Cavalry member involved in such proceedings in any manner must be aware that the proceedings are a closed court and must not disclose any facts he/she obtains as a result of being involved, before, during or after the court sitting.
- A Court Martial may be held by a Single Judge, without a panel of peers, if the accused so requests and the senior commander of the division the member is in approves.
Trial Procedure
- The court shall appoint a chairperson.
- All evidence for submission to the court must be sent to the Chairperson prior to the court sitting and the Chairperson is to ensure that all parties have a full copy of that evidence before the hearing.
- The Chairperson shall be responsible for appointing a court recorder and ensuring an accurate record of events is kept.
- The chairperson shall be responsible for delivering a report of the court findings and deliberations to all parties involved including both 7th Cavalry Regiment Commanding Officer and Chief Judge Advocate General on completion of court business.
- It will be the duty of the JAG office to advise the accused of his right be represented at the hearing.
- Proceedings are not public and it shall be the duty of CJAG to publish on JAG site a précis of the court findings.
