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assigned, and any special instructions. Block 14 is
then personally signed by the CA or by his or her
personal order reflecting the signers authority. It
might serve well to recall that a clear and concise
serial system is essential to proper referral. The refer-
ral should identify a particular court to hear the case;
that is, it should relate to a specific convening order.
Take, care in preparing convening orders and referral
blocks to avoid confusion and legal complications at
the trial.
Withdrawal of Charges
Withdrawal of charges is a process by which the
CA takes from a court-martial a case previously re-
ferred to it for trial. The CA cannot withdraw charges
from one court and re-refer them to another without
proper reasons. These reasons are articulated in writ-
ing by the CA and included in the record of trial when
the case is tried by the second court. The CA may
withdraw charges for the purpose of dismissing them
for any reason deemed sufficient to him or her. Me-
chanically, accomplish the withdrawal by drawing a
diagonal line across the referral block on page 2 of the
charge sheet and have the CA initial the line-out. It is
also advisable to write withdrawn across the endorse-
ment and date the action.
DISESTABLISHMENT OF THE COURT.
Perhaps the most frequently occurring withdrawal
problem is presented when the CA wants to disestab-
lish the court and create another to take its place. This
usually happens when several members have been
transferred, or the particular court has been in exis-
tence for a long time, and the CA wants to relieve the
court. Such grounds are valid and constitute a proper
reason. If evidence shows that a change was made
because the CA was displeased with the leniency of a
sentence or the number of acquittals, then the with-
drawal would not be lawful. Whenever a new court
relieves an old one, it creates a problem with respect
to the cases previously referred to the old court (which
was, disestablished and are now being referred to the
new court. Remember, only the court to which a case
is specifically referred can try it. The CA can with-
draw each case from the old court (by lining out the
referral block) and then re-refer the case to the new
court. This action is accomplished by executing a new
block 14 referral on the charge sheet, indicating the
serial number and date of the convening order that
appoints the new court. The new referral is taped
along the top edge over the old lined-out referral to
allow inspection of both referrals.
CHANGE IN COURTNO DISESTABLISH-
MENT. Sometimes a CA may have good cause for
withdrawing a case from a court that he or she does
not intend to disestablish. For instance, one of several
court panels may be backlogged and the CA may wish
to redistribute the pending cases. This action is ac-
complished by lining out and initialing the old referral
block on the charge sheet and executing a new block
14 re-referring the case to a new court. The new block
14 is taped over the old one to allow inspection of
both referrals.
Amendment of Charges
In some instances, an amendment to a specifica-
tion will necessitate further administrative action with
respect to the charge sheet. Minor changes in the form
of correction of typographical errors normally will
require no more administrative action than lining out
and initialing the erroneous data and substituting the
correct data. If, on the other hand, the contemplated
change involves any new person, offense, or matter
not fairly included in the charges as originally pre-
ferred, the amended specification must go through the
preferral-referral process or the accused can exercise
his or her right to object to trial on the unsworn
charges.
Additional Charges
If an accused awaiting trial on certain charges
commits new offenses, or other previously unknown
offenses are discovered, an entirely new charge sheet
is prepared. The CA states, in the special instructions
section of the referral block, that the additional
charges are to be tried together with the charges origi-
nally referred to the court-martial.
TRIAL PROCEDURE
It is not necessary that you have a complete under-
standing of all the complex rules and procedures ap-
plicable to the SPCM. However, it is essential that
you have a general knowledge of the mechanics of the
trial process. Though an infinite number of variations
exist in any particular case, the following procedure is
generally followed in most SPCMs.
Service of Charges
In time of peace no person can be brought to trial
in any SPCM until 3 days have elapsed since the for-
mal service of charges upon that person. In computing
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