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

Definitions

1. Chief Judge Advocate General (CJAG) means the Chief Judge Advocate General of the 7th Cavalry Regiment.
2. "Officer in Charge" means an officer of the 7th Cavalry Regiment designated as such by appropriate authority.
3. "Superior commissioned officer" means a commissioned officer superior in grade or rank of command.
4. "Recruit" means a trooper in training of the 7th Cavalry Regiment.
5. "Accuser" means a person who signs and swears to charges, or any person who directs that charges nominally be signed and sworn to by another person who has an interest other than an official interest in the prosecution of the accused.
6. "Military Judge" means an official of a general or special court- martial.
7. "Commanding Officer" means any commissioned officer of the 7th Cavalry Regiment designated as having command authority in the direct Chain of Command over another member of the 7th Cavalry Regiment. All Commanding Officers have convening authority to impose non-judicial punishment or refer a matter to a court-martial.
8. "Judge Advocate General" (JAG) officer means any commissioned officer of the 7th Cavalry Regiment designated as a member of JAG.
9. "Record", when used in connection with the proceedings of a court-martial means an official written transcript, written summary, or automatic log relating to the proceedings.
10. All members of the 7th Cavalry Regiment are subject to the 7th Cavalry Regiment Uniform Code of Military Justice.
11. A Court Martial Judge shall be a member of 7th Cavalry Regiment with rank of not less than Colonel. The Accuser may not serve as judge.

Court Martial

1. 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.
2. 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.
3. Maximum penalty imposed shall be the death penalty (dismissal from 7th Cavalry Regiment).
4. 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.
5. The prosecutor is to be assigned by the JAG office.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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

1. The court shall appoint a chairperson.
2. 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.
3. The Chairperson shall be responsible for appointing a court recorder and ensuring an accurate record of events is kept.
4. 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.
5. It will be the duty of the JAG office to advise the accused of his right be represented at the hearing.
6. Proceedings are not public and it shall be the duty of CJAG to publish on JAG site a précis of the court findings.

Miscellaneous Provisions

1. JAG officers are members of the 7th Cavalry Regiment with rank of 2LT and above.
2. JAG officers are appointed by the 7th Cavalry Regiment Commanding Officer after recommendation by the Chief Judge Advocate General.
3. Any member may be dismissed from the 7th Cavalry Regiment by administrative order made by the 7th Cavalry Regiment Commanding Officer.
4. A Review Board shall consist of the next higher-ranking member in the offenders Chain of Command not previously involved in the case plus one JAG officer. In event of no final decision is reached it shall be passed to the Command Staff for consideration.
5. Any member dismissed by Administrative action may appeal to the office of Chief Judge Advocate General for a full investigation and subsequent review if the application is made in writing within fourteen (14) days of the order being received.
6. If Chief Judge Advocate General receives such a request appealing against an administrative action it shall be the duty of Chief Judge Advocate General to initiate an investigation and to convene a Review board of three (3) officers consisting of Colonel rank and higher to consider the action. The review board will report its findings to the 7th Cavalry Regiment Commanding Staff with a copy to Chief Judge Advocate General.
7. If the findings of the review board conflict with the 7th Cavalry Regiment Commanding Officer's decision, and a compromise cannot not reached to satisfy all parties, then a Court Martial shall be convened charging the member with the original offences.

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