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CHAPTER 8
POSTTRIAL DUTIES AND THE REVIEW PROCESS
As an LN, it is important that you know something
about the mechanics of court-martial reviews. This
chapter prepares you for your court-martial posttrial
duties, with the exception of transcription of the record
of trial, from the time the trial adjourns until final
disposition of the case.
Topics covered in this chapter are the preparation of
the results of trial, confinement orders, the review
process including the preparation of the staff judge
advocate’s (SJA’s) recommendation, the convening
authority’s (CA’s) action, promulgating orders, and
required service record entries.
POSTTRIAL ADMINISTRATIVE
DUTIES
There are numerous duties that must be completed
at the conclusion of any trial by court-martial. In this
section we will discuss the preparation of results of trial,
confinement orders, restriction, and extra duty orders.
We will also discuss the deferment process of a sentence
to confinement and what your role will be in this
process.
Other posttrial duties include the preparation of the
SJA’s recommendation, sending the SJA’s
recommendation to the accused and the detailed defense
counsel (DC), preparation of the CA’s action, and
preparation of the promulgating order and required
service record entries. These issues will be addressed
in the order in which they occur in the court-martial
process.
REPORT OF RSULTS OF TRIAL
Immediately following final adjournment of a
court-martial, the trial counsel (TC) has a duty to notify
the accused’s immediate commander, the CA, or the
CA’s designee of the results of trial. Additionally, if the
sentence includes confinement, the notification must be
in writing with a copy sent to the commanding officer
(CO) or the officer in charge (OIC) of the brig or
confinement facility concerned.
A locally prepared form similar to that illustrated in
figure 8-1 may be used for this purpose. The form
should contain sufficient information to identify the
accused, show the findings and sentence, and the
disposition of the accused after trial.
Distribution requirements for the report of results of
trial include original to the CA; one copy to the CO of
the accused (if different); one copy to the CO or OIC of
the brig (if confinement is adjudged); one copy for the
record of trial; and one copy for the officer exercising
general court-martial jurisdiction (OEGCMJ).
POSTTRIAL CONFINEMENT
An accused maybe placed in posttrial confinement
if the sentence adjudged includes death or confinement.
The confinement portion of a sentence runs from the
date the sentence is adjudged.
Who May Order Confinement
Unless limited by a superior commander, a
commander of the accused may order the accused into
posttrial confinement when it is adjudged. A
commander authorized to order posttrial confinement
may delegate this authority to the TC. Normally the TC
will prepare and sign the confinement order by the
direction of the accused’s CO.
Confinement Order
As a matter of policy, no member of the Navy may
be confined without a written confinement order. The
Confinement Order, NAVPERS 1640/4, is the document
used to satisfy this requirement.
Upon notification from the TC of the results of trial,
the accused’s CO must take prompt and appropriate
action with respect to the restraint of the person tried. If
the accused has requested deferment of service to
confinement and the request is approved by the CA, no
confinement order is prepared at this time. However, if
there is no deferment request by the accused, the TC will
prepare a confinement order signing it by direction of
the CA.
Distribution requirements for the confinement order
include sending at least three copies with the package to
the brig or confinement facility. You should inquire into
the actual number of copies required by the brig your
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