Pretrial advice

(a) In general. Before any charge may be referred for trial by a general court-martial, it shall be referred to the staff judge advocate of the convening authority for consideration and advice. (b) Contents. The advice of the staff judge advocate shall include a written and signed statement which sets forth that person’s: (1) Conclusion with respect to whether each specification alleges an offense under the UCMJ; (2) Conclusion with respect to whether there is probable cause to believe that the accused committed the offense charged in the specification; (3) Conclusion with respect to whether a court- martial would have jurisdiction over the accused and II-28 (4) Recommendation as to the disposition that should be made of the charges and specifications by the convening authority in the interest of justice and discipline. (c) Distribution. A copy of the advice of the staff judge advocate shall be provided to the defense if charges are referred to trial by general court-martial. Rule 406A. Pretrial advice before referral to special court-martial (a) In general. Before any charge may be referred for trial by special court-martial, the convening authority shall consult a judge advocate on relevant legal issues. Such issues may include: (1) Whether each specification alleges an offense under the UCMJ; (2) Whether there is probable cause to believe the accused committed the offense(s) charged; (3) Whether a court-martial would have jurisdiction over the accused and the offense; (4) The form of the charges and specifications and any necessary modifications; and (5) Any other factors relating to disposition of the charges and specifications in the interest of justice and discipline.