Action by commander exercising general

Rules for Courts-Martial

Rule: 407

Jurisdiction: US

Bluebook Citation: R.C.M. 407

court-martial jurisdiction (a) Disposition. When in receipt of charges, a court-martial commander jurisdiction may: exercising general (1) Dismiss any charges; (2) Forward charges (or, after dismissing charges, for to a subordinate commander the matter) disposition; (3) Forward any charges to a superior commander for disposition; (4) Subject to R.C.M. 201(f)(2)(D) and (E), 601(d), and 1301(c), refer charges to a summary court-martial or to a special court-martial for trial; (5) Unless otherwise prescribed by the Secretary concerned, direct a preliminary hearing under R.C.M. 405, after which additional action under this rule may be taken; (6) Subject to R.C.M. 601(d), refer charges to a general court-martial. (b) National security matters. When in receipt of charges the trial of which the commander exercising general court-martial jurisdiction finds would probably be inimical to the prosecution of a war or harmful to national security, that commander, unless otherwise prescribed by regulations of the Secretary concerned, shall determine whether trial is warranted and, if so, whether the security considerations involved are paramount to trial. As the commander finds appropriate, the commander may dismiss the charges, authorize trial of them, or forward them to a superior authority. II-29 CHAPTER V. COURT-MARTIAL COMPOSITION AND PE RS ONNEL; CONVENING COURTS-MARTIAL

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