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Confinement Order, NAVPERS 1640/4 - 14135_231
Legalman 1 & C - Navy Lawyer / Jag training guide manuals
Matters Submitted By the Accused - 14135_233
show that both the interests of the accused and the community   in   release   outweigh   the   community’s interest in confinement. Factors that the authority acting on a deferment request may consider in determining whether to grant the deferment request include the following: The chance of the accused’s flight The chance that the accused may commit other offenses, intimidate witnesses, or interfere with the  administration  of  justice The  nature  of  the  offenses  (including  the  effect on  the  victim)  of  which  the  accused  was convicted The sentence adjudged The command’s immediate need for the accused The  effect  of  deferment  on  good  order  and discipline in the command The   accused’s   character,   mental   condition, family situation, and service record Although   the   decision   to   grant   or   deny   the deferment request falls within the CA’s sole discretion, that decision is subject to judicial review only for abuse of discretion. The  action  of  the  CA  in  granting  or denying the accused’s application for deferment is a written docurment of which a copy is provided to the accused. RESTRAINT WHEN DEFERMENT IS GRANTED.— No form of restraint or other limitation on the accused’s liberty is authorized as a substitute for the  deferred  confinement.  The  accused  may,  however, be  restrained  for  an  independent  reason;  for  example, pretrial restraint resulting from a different set of facts in which  disciplinary  action  is  anticipated. TERMINATION   OF   DEFERMENT.— Deferment to a sentence of confinement ends when: .  the  CA  acts  on  the  sentence,  unless  the  CA specifics  in  the  action  that  service  of  the  confinement after the action is deferred. In this case, deferment terminates when the conviction is find. l the sentence to confinement is suspended. l the deferment expires by its own terms. . the deferment is rescinded by the officer who granted it or, if the accused is no longer under his or her jurisdiction,  by  the  OEGCMJ  over  the  accused’s command. RESCISSION OF DEFERMENT.—  Deferment may be rescinded when additional information comes to the authority’s attention that, in his or her discretion, presents grounds for denial of continued deferment. The  accused  must  be  given  notice  of  the  intended rescission and of the right to submit written matters. The accused, however, may be required to serve the sentence to  confinement  pending  this  action. RECORD   OF   PROCEEDINGS.—   A ny document   relating   to   deferment   or   rescission   of deferment is made a part of the record of trial. The dates of  any  periods  of  deferment  and  the  date  of  any rescission  must  appear  in  the  CA’s  actions  or supplementary  actions. RESTRICTION AND EXTRA DUTY ORDERS An accused may be awarded restriction and/or extra duty us a sentence at a court-martial. Chapter 6 covers the prepartition of restriction and extra duty orders. No difference  exists  in  the  preparation  of  these  orders  to affect a sentence from a court-martial with the exception of stating in the text that the restriction and/or extra duty is the result of a court-martial. Restriction Restriction is the least severe form of deprivation of liberty  and  it  involves  moral  rather  than  physical restraint. Generally, the restricted member continues to perform military duties,  but is required to report to a specified  place  at  specific  periods  of  time.  Both  officer and enlisted members may be restricted. The restriction order should be prepared by you and then you should turn it over to the chief master-at-arms (CMAA) for execution  of  the  sentence. Extra Duty Extra duty is the performance by enlisted members of duties in addition to those normally assigned. Extra duties normally should not exceed 2 hours per day, after which the accused is granted liberty-unless, of course, the member’s liberty has been otherwise curtailed. Extra duty is not performed on Sundays but Sunday is counted as a day of performing extra duty. You should meet with your CMAA to determine who prepares the extra  duty  letter  and  log. Normally,  the  CMAA performs  this  function. 8-4

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