Action by commander exercising

Rules for Courts-Martial

Rule: 403

Jurisdiction: US

Bluebook Citation: R.C.M. 403

summary court-martial jurisdiction (a) Recording receipt. Immediately upon receipt of sworn charges, an officer exercising summary court- martial jurisdiction over the command shall cause the hour and date of receipt to be entered on the charge sheet. (b) Disposition. When in receipt of charges a commander court-martial jurisdiction may: exercising summary (1) Dismiss any charges; (2) Forward charges (or, after dismissing charges, the matter) to a subordinate commander for disposition; (3) Forward any charges to a superior commander for disposition; (4) Subject to R.C.M. 601(d) and 1301(c), refer charges to a summary court-martial for trial; or (5) Unless otherwise prescribed by the Secretary concerned, direct a preliminary hearing under R.C.M. 405, and, if appropriate, forward the report of preliminary hearing with the charges to a superior commander for disposition.

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