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Accused’s Notification and Election of Rights -Continued - 14134_122
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Captain's Mast Guide -Continued
remember  that  an  accused  not  attached  to  or  embarked in a vessel may elect at any time before imposition of NJP to refuse it and demand a court-martial. It is, then, possible for an accused to elect not to demand trial by court-martial at the XO’s screening but later at captain’s mast  demand  it  provided  it  is  before  any  punishment  is imposed. Once the XO has conducted an inquiry, he or she has the option of referring the case to mast or dismissing it. The XO fills in section F of figure 5-1 noting the action he or she has taken. If the case is referred to the CO for mast, a formal hearing is set up. THE  HEARING  PROCEDURE Captain’s mast is held at the time and place decided normally  assists  the  CO.  Additionally,  a  master-at-arms will be present to keep order and call the accused to mast. Your function will be to have the service record of the accused and other associated documents available for the CO. While local practices will come into play as far as setting up the mast and the formalities required, appen- dix A-1-e of the JAGMAN, figure 5-7, is the official guide for the NJP proceedings. HEARING  REQUIREMENTS Except as noted in the following paragraph, NJP cases must be handled at a hearing whereby the accused is allowed to exercise the foregoing rights. In addition, there are other technical requirements about the hearing on by the CO. The XO, legal officer, or discipline officer and the exercise of the accused’s rights. Figure  5-7.-Captain’s  mast  guide. 5-19

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