| |
remember that an accused not attached to or embarked
in a vessel may elect at any time before imposition of
NJP to refuse it and demand a court-martial. It is, then,
possible for an accused to elect not to demand trial by
court-martial at the XO’s screening but later at captain’s
mast demand it provided it is before any punishment is
imposed.
Once the XO has conducted an inquiry, he or she
has the option of referring the case to mast or dismissing
it. The XO fills in section F of figure 5-1 noting the
action he or she has taken. If the case is referred to the
CO for mast, a formal hearing is set up.
THE HEARING PROCEDURE
Captain’s mast is held at the time and place decided
normally assists the CO. Additionally, a master-at-arms
will be present to keep order and call the accused to
mast. Your function will be to have the service record
of the accused and other associated documents available
for the CO.
While local practices will come into play as far as
setting up the mast and the formalities required, appen-
dix A-1-e of the JAGMAN, figure 5-7, is the official
guide for the NJP proceedings.
HEARING REQUIREMENTS
Except as noted in the following paragraph, NJP
cases must be handled at a hearing whereby the accused
is allowed to exercise the foregoing rights. In addition,
there are other technical requirements about the hearing
on by the CO. The XO, legal officer, or discipline officer
and the exercise of the accused’s rights.
Figure 5-7.-Captain’s mast guide.
5-19
|
