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§ 13A-605. Advice of judge advocate and reference for trial

West's Annotated Code of MarylandPublic SafetyEffective: October 1, 2020

West's Annotated Code of Maryland
Public Safety (Refs & Annos)
Title 13a. Maryland Code of Military Justice (Refs & Annos)
Subtitle 6. Pre-Trial Procedure (Refs & Annos)
Effective: October 1, 2020
MD Code, Public Safety, § 13A-605
§ 13A-605. Advice of judge advocate and reference for trial
Currentness
In general
(a)(1) Before directing the trial of any charge by general court-martial, the convening authority shall refer the charge to a judge advocate for consideration and advice.
(2) 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 a judge advocate that:
(i) the specification alleges an offense under this title;
(ii) the specification is warranted by the evidence indicated in the report of investigation under § 13A-603 of this subtitle if there is such a report; and
(iii) a court-martial would have jurisdiction over the accused and the offense.
Written and signed statement by judge advocate
(b)(1) The advice of the judge advocate under subsection (a) of this section with respect to a specification under a charge shall include a written and signed statement by the judge advocate:
(i) expressing conclusions with respect to each matter set forth in subsection (a) of this section; and
(ii) recommending action that the convening authority take regarding the specification.
(2) If the specification is referred for trial, the recommendation of the judge advocate shall accompany the specification.
Changing charges and specifications to conform to evidence
(c) If the charges or specifications are not correct formally 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.

Credits

Added by Acts 2020, c. 592, § 2, eff. Oct. 1, 2020.
MD Code, Public Safety, § 13A-605, MD PUBLIC SAFETY § 13A-605
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document