Section 1 - Types
of Court Martial's
For the below section,
a "military judge" shall be considered the Judge Advocate
General or Deputy Judge Advocate General of this fleet.
- General
Courts-Martial, consisting of– (a) a military judge and
not less than five members; or (b) only a military judge or
Commander in Chief of the fleet, if before the court is assembled
the accused, knowing the identity of the military judge and after
consultation with defense counsel, requests orally on the record
or in writing a court composed only of a military judge or
Commander in Chief and the military judge or Commander in Chief
approves.
- Special
Courts-Martial, consisting of– (a) not less than three
members; or (b) a military judge and not less than three members;
or (c) only a military judge, if one has been detailed to the
court, and the accused under the same conditions as those
prescribed in 'General Courts-Martial' so requests.
- Summary
Courts-Martial consisting of– (a) one commissioned
officer at or above the rank of Lt. Commander (or Major) (i.e. a
Commanding Officer, Flag Officer, etc.); or (c) one military
judge.
Section 2 -
Court Martial's Appeals Process
If there is an appeal
regarding a Summary Courts-Martial, the case shall go before a Special
Courts-Martial and then a General Courts-Martial. If there is still a
need for appeal, the appealing party may petition the Commander in
Chief to hear the case and enter a final verdict.
If the appeal concerns
a Special Courts-Martial or General Courts-Martial, it shall go to the
Chief of Fleet Operations, Deputy Commander in Chief, and finally the
Commander in Chief.
All cases are given up
to 72 hours to decide whether or not to appeal after a verdict has
been entered after the first Court-Martial. Notification of an appeal
shall be filed with the Judge Advocate General.
Section 3 -
Notification of the JAG Concerning Courts-Martial's and Reprimands
The JAG should be
notified of any court-martial's and reprimands held issued outside of
JAG control for JAG review and records. Failure to notify and file
with the JAG before the end of 72 hours after action will deem the
action void.
Section 4 -
Administration of Court-Martial's and Starfleet Law & Justice
The Administration of
Court Martial's shall be according to the Uniform
Code of Military Justice.
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