(1) Before directing the trial of any charge by general court-martial, the convening authority shall refer it to the State Judge Advocate for consideration and advice. The convening authority may not refer a specification under a charge to a general court-martial for trial unless the convening authority has been advised in writing by the State Judge Advocate that:
(a) The specification alleges an offense under this chapter;
(b) The specification is warranted by the evidence indicated in the report of investigation, if any, under ORS 398.166; and
(c) A court-martial has jurisdiction over the accused and the offense.
(2) The advice of the State Judge Advocate under subsection (1) of this section with respect to a specification under a charge shall include a written and signed statement by the State Judge Advocate:
(a) Expressing conclusions with respect to each matter set forth in subsection (1) of this section; and
(b) Recommending action that the convening authority take regarding the specification.
(3) If the specification is referred for trial, the recommendation of the State Judge Advocate shall accompany the specification.
(4) If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections, and such changes in the charges and specifications as are needed to make them conform to the evidence, may be made. [1961 c.454 §113; 1985 c.682 §28]
Section: Previous 398.136 398.138 398.140 398.162 398.164 398.166 398.168 398.170 398.172 398.202 398.204 398.206 398.208 398.209 398.210 NextLast modified: August 7, 2008