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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
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