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Confinement Order and Pretrial Confinees - 14134_186
Figure 6-21.-Form for member’s questions. remain within specified limits. A restricted person must, orders to do so by higher authority or when a sentence unless otherwise directed, perform full military duties. Restriction is a less severe restraint on liberty than arrest. Arrest  includes  a  suspension  from  performing  full military duties and the limits of arrest are normally narrower  than  those  of  restriction.  The  actual  nature  of the restraint imposed, and not the characterization of it by the officer imposing it, determines whether it is technically an arrest or restriction. Restriction is the most commonly used type of pretrial restraint when confinement is deemed necessary and is usually issued by written order. Rule 304 of the MCM, 1984, requires that when a person is placed under restraint, he or she must be informed of the nature of the offense that is the basis for such restraint. The MCM further states that pretrial restraint is not punishment and must not be used as such. A person restrained pending trial may not be punished for the offense that is the basis for the restraint. Pretrial restriction ends when the CO deems it appropriate to terminate the restriction, upon direct is adjudged, the accused is acquitted, or all charges are dismissed. Pretrial Confinement Pretrial confinement is physical restraint, imposed by order of competent authority, depriving a person of freedom  pending  disposition  of  charges. The MCM requires that each person confined be promptly  informed  of  the  following: The nature of the offense for which he or she is held The right to remain silent and that any statement made by the person may be used against him or her The right to retain civilian counsel at no expense to  the  government,  and  the  right  to  request assignment of military counsel free of charge 6-33

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