Ill. Admin. Code tit. 95 § 400.525

Current through Register Vol. 48, No. 49, December 6, 2024

Section 400.525 - Action by Commander Exercising General Court-Martial Jurisdiction

a) Disposition. When in receipt of charges, a commander exercising general court-martial jurisdiction may:

1) Dismiss any charges;

2) Forward charges (or, after dismissing charges, the matter) to a subordinate commander for disposition;

3) Forward any charges to a superior commander for disposition;

4) Refer charges to a summary court-martial;

5) Unless otherwise directed by competent authority, direct a pretrial investigation pursuant to Section 400.510, after which additional action under this Section may be taken; or

6) Refer charges to a special or general court-martial.

b) National Security Matters. When in receipt of charges the trial of which the commander exercising general court-martial jurisdiction finds would probably be inimical to the prosecution of war or harmful to national security, that commander, unless otherwise directed by competent authority, shall determine whether trial is warranted. If trial is warranted, he or she shall determine whether the security considerations involved would override going to trial. As the commander finds appropriate, the commander may dismiss the charges, authorize trial of them, or forward them to superior authority.

Ill. Admin. Code tit. 95, § 400.525

Adopted at 41 Ill. Reg. 11931, effective 9/14/2017.