§ 13A-902. Action by the convening authority
West's Annotated Code of MarylandPublic SafetyEffective: April 11, 2023
Effective: April 11, 2023
MD Code, Public Safety, § 13A-902
§ 13A-902. Action by the convening authority
(a) The findings and sentence of a court-martial shall be reported promptly to the convening authority after the announcement of the sentence.
(b)(1)(i) The accused may submit to the convening authority matters for consideration by the convening authority with respect to the findings and the sentence.
(2) If the accused shows that additional time is required for the accused to submit such matters, the convening authority or other person taking action under this subtitle, for good cause, may extend the applicable period under paragraph (1) of this subsection for not more than an additional 20 days.
(c)(1)(i) The authority under this section to modify the findings and sentence of a court-martial is a matter of command prerogative involving the sole discretion of the convening authority.
(d)(1) Before acting under this subtitle on any general or special court-martial case in which there is a finding of guilt, the convening authority or other person taking action under this subtitle shall obtain and consider the written recommendation of a judge advocate.
(e)(1) The convening authority or other person taking action under this section, in the person's sole discretion, may order a proceeding in revision or a rehearing.
(2)(i) Subject to subparagraph (ii) of this paragraph, a proceeding in revision may be ordered if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court-martial with respect to the findings or sentence that can be rectified without material prejudice to the substantial rights of the accused.
Credits
Added by Acts 2020, c. 592, § 2, eff. Oct. 1, 2020. Amended by Acts 2023, c. 49, § 2, eff. April 11, 2023.
MD Code, Public Safety, § 13A-902, MD PUBLIC SAFETY § 13A-902
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.
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