Quantcast Preparation Instructions - 14134_109

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Cases Previously Tried in Civil Court - 14134_108
Legalman 3 & 2 - Navy Lawyer / Jag training guide manuals
Report and Disposition of Offense(s), NAVPERS 1626/7 (front) - 14134_110
It records the action of the XO at screening mast. It  records  that  the  accused  has  been  advised  of the right to refuse NJP (if that right exists under the circumstances of the case). It shows the action of the CO at mast. It records that appeal rights have been explained to  the  accused. It becomes a permanent record of the case in the Unit Punishment Book (UPB). No additional record is needed such as 3 x 5 cards or a mast logbook. Remember, however, that the NAVPERS 1626/7 does  not  include  all  the  required  premast  advice  that must be given to the accused according to the JAG- MAN,  section  0109. PREPARATION  INSTRUCTIONS Regardless of how the commission of a minor of- fense is brought to your attention, you will probably need to prepare the smooth NAVPERS 1626/7. Figure 5-1 illustrates a completed NAVPERS 1626/7. Let’s look at the information that you will place on this form. Referring to figure 5-1, section A, start with ad- dressing the report to the OIC or CO of the accused. Fill in the date of the report. Type the name of the accused in last name, first name, middle initial order. Verify the social  security  number  from  the  accused’s  service record and type it in. Type in the present rate of the accused and the branch and class of service. Designate the  department  or  division  that  the  accused  is  attached to. Fill in the place of the offense. If there is more than one place, list all applicable places of the offense(s). Show the date of the commission of the offense. If there is more than one date, show all dates. In the section entitled Details of the Offense, it is not mandatory that you type the offenses in the manner that you would on a charge sheet. However, this is good practice. If you always prepare a specification in full detail, you will not have to change it in the event the charges are referred to a court-martial. List military witnesses to the offense in order of seniority,  followed  by  civilian  witnesses,  if  any.  If  the witnesses are attached to the same command as the offender,  it  is  only  necessary  to  give  the  witness’  divi- sion or department. If the witness is attached to another command, identify that command completely. If a wit- ness  is  a  civilian,  give  the  complete  address,  business and home, if available. Finally, be sure to get the signa- ture of the person placing the accused on report. Section   B   of   figure   5-1   shows   the   acknowl- edgement  of  the  accused  having  been  informed  of  the nature of the accusation(s) against him or her and his or her right not to answer any questions relating to the offense.  After  the  accused  is  formally  informed  of  the accusations against him or her, this section should be signed by the accused and the person informing the accused of his or her rights. If the accused refuses to sign this section, that fact must be witnessed by the person informing the accused of the accusations who will sign attesting to that fact. Section C of figure 5-1 shows any premast restraint of the accused. If the accused is not being restricted, put the entry in the No Restrictions block. On the other hand, if the accused is placed on restriction or placed in confinement  pending  investigation  of  the  charges,  you will either mark the Pretrial Confinement block or the Restricted block. If the Restricted block is used, fill in the restricted to the limits of portion. Be sure to get the signature  and  title  of  the  person  who  is  imposing  the restraint. Section D of figure 5-1 shows information about the accused. Get the accused’s service record before filling out this section to verify all the information. In the section Record of Previous Offense(s), list all NJPs and courts-martial during the accused’s current enlist- ment. PREMAST  SCREENING After  you  complete  the  front  of  the  NAVPERS 1626/7, the case must touch two more bases before it is ready for hearing by the CO. The first step is to refer the report chit to an officer or a senior enlisted person for a preliminary  inquiry  that  will  later  be  screened  by  the XO. PRELIMINARY INQUIRY At  small  commands,  refer  the  cases  to  division officers  for  the  preliminary  inquiry.  At  large  com- mands,  the  discipline  officer  or  the  legal  officer  is delegated the authority to appoint the preliminary in- quiry officer (PIO). You need to fill in the name of the PIO at the top of section E on figure 5-1 before referring it to the PIO for action. It is not the job of the PIO to develop a case against the accused. Rather, the PIO is to collect all available 5-5

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