§ 832. Preliminary hearing required before referral to general court-martial
Oklahoma Statutes AnnotatedTitle 44. MilitiaEffective: October 1, 2019
Effective: October 1, 2019
44 Okl.St.Ann. § 832
§ 832. Preliminary hearing required before referral to general court-martial
ARTICLE 32. Preliminary hearing required before referral to general court-martial.
1. a. Except as provided in subparagraph b of this paragraph, a preliminary hearing shall be held before referral of charges and specifications for trial by general court-martial. The preliminary hearing shall be conducted by an impartial hearing officer, detailed by the convening authority in accordance with subsection B of this section.
1. For each specification, a statement of the reasoning and conclusions of the hearing officer with respect to determinations under paragraph 2 of subsection A of this section, including a summary of relevant witness testimony and documentary evidence presented at the hearing and any observations of the hearing officer concerning the testimony of witnesses and the availability and admissibility of evidence at trial;
1. The accused shall be advised of the charges against the accused and of the accused's right to be represented by counsel at the preliminary hearing under this section. The accused has the right to be represented at the preliminary hearing as provided in Section 838 of this title (Article 38) and in regulations prescribed under that article.
E. Effect of evidence of uncharged offense. If evidence adduced in a preliminary hearing conducted under subsection A of this section indicates that the accused committed an uncharged offense, the hearing officer may consider the subject matter of that offense without the accused having first been charged with the offense if the accused:
F. Effect of violation. The requirements of this section are binding on all persons administering the Code, but failure to follow the requirements does not constitute jurisdictional error. A defect in a report under subsection C of this section is not a basis for relief if the report is in substantial compliance with subsection C of this section.
Credits
Laws 2019, c. 408, § 39, eff. Oct. 1, 2019.
44 Okl. St. Ann. § 832, OK ST T. 44 § 832
Current with emergency effective legislation through Chapter 316 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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