Current through the 2024 Fourth Special Session
Section 39A-5-117 - Review of charge by SJA - Corrections to charges(1)(a) Before directing the trial of any charge by a military court, the convening authority shall refer the charge to the SJA for consideration and advice. (b) The convening authority may not refer a charge to a military court for trial unless he or she has found that the charge alleges an offense under this chapter and is warranted by sufficient evidence, as indicated in the report of the investigation. (2) If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections and changes in the charges and specifications as necessary may be made to conform to the evidence. Renumbered and amended by Chapter 373, 2022 General Session ,§ 54, eff. 5/4/2022.Amended by Chapter 287, 2008 General Session .