u.s.s. Lancelot NCC-74410
diplomatic/JAG dEPARTMENT
UNIFORM CODE OF STARFLEET JUSTICE
Article 1:
(a) "Judge Advocate General" means, the Judge Advocate Generals of Starfleet, United Federation of Planets.
(b) "Officer in Charge" means a member of Starfleet designated as such by appropriate authority.
(c) "Superior commissioned officer" means a commissioned officer superior in rank of command.
(d) "Cadet" means a cadet of the United Federation of Planets Starfleet Academy, or other military training facility of the United Federation of Planets.
(e) "Military" refers to any or all of Starfleet.
(f) "Accuser" means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another person who has an interest other than an official interest in the prosecution of the accused.
(g) "Military Judge" means an official of a general or special court-martial detailed in accordance with section 826 of this title (article 26).
(h) "Law specialist" means a commissioned officer of Starfleet designated for special duty (law).
(i) "Legal officer" means any commissioned officer of Starfleet designated to perform legal duties for a command.
(j)
"Judge Advocate" means--
(i) an officer of the Judge Advocate
General's Corps;
(ii) an officer of Star Fleet who is designated
as a law specialist.
(k)
"Record",
when used in connection with the proceedings of a court-martial means-- --
(i) an official written transcript, written summary, or other writing
relating to the proceedings: or
(ii) an official audiotape, videotape, holo-projection
or similar material from which sound and visual images, depicting the
proceedings may be reproduced.
Article 2:
(a)
The following persons are subject to this document:
(i) Members of a regular component of Starfleet, including those awaiting discharge after expiration of their terms of enlistment; volunteers from the time of their acceptance into Starfleet; inductees from the time of their actual induction into Starfleet; and other persons lawfully called or ordered into, or to duty in or for training in Starfleet, from the dates when they are required by the terms of the call or order to obey it.
(ii)
Cadets in any
military training facility of the United Federation of Planets.
(iii) Members of a reserve component of Starfleet while on inactive-duty training.
(iv)
Retired members of
a regular component of Starfleet.
(v)
Retired members of
a reserve component of Starfleet who are receiving hospitalization or medical
care.
(vi)
Members of the
Starfleet Reserve and Starfleet Marine Corps Reserve.
(vii)
Persons in
custody of Starfleet serving a sentence imposed by a court-martial.
(viii)
Members of the
United Federation of Planets Administration, Health Service, and other
organizations, when assigned to and serving with Star Fleet.
(ix)
Prisoners of war
in custody of Starfleet.
(x)
In time of war,
persons serving on or accompanying a Starfleet vessel, starbase or outpost.
(xi)
Persons serving
with, employed by, or accompanying Starfleet outside the United Federation of
Planets established borders.
(xii) Persons within an area reserved, acquired for use, or under direct control of the United Federation of Planets which is under the control of the Secretary of Starfleet, and which is outside the United Federation of Planets established borders.
(b) The voluntary enlistment of any person who has the capacity to understand the significance of enlisting in Starfleet shall be valid for purposes of jurisdiction under subsection (a) and change of status from civilian to member of Starfleet shall be effective upon the taking of the oath of enlistment.
(c)
Notwithstanding any other provision of law, a person serving with in
Starfleet who--
(i)
Submitted
voluntarily to military authority;
(ii)
met the mental
competence and minimum age qualifications of sections 504 and 505 of this title
at the time of voluntary submissions to military authority:
(iii) performed military duties: is subject to this document until such person's active service has been terminated in accordance with law or regulations promulgated by the Secretary of Starfleet.
(d)
(i) A member of a reserve component who is not on active duty
and who is made the subject of proceedings under section 815 (article 15) or
section 830 (article 30) with respect to an offense against this document may be
ordered to active duty involuntary for the purpose of-
(1)
investigation under
section 832 of this title (article 32);
(2) trial by court-martial; or
(3)
non judicial punishment under section
815 of this title (article 15).
(ii) A member of a reserve component may not be ordered to active duty under paragraph,
(1)
except with respect
to an offense committed while the member was
(A) on active duty; or
(B) on inactive-duty training.
(iii) Authority to order a member to active duty under paragraph
(1)
shall be exercised
under regulations prescribed by Starfleet Command.
(iv) A member may be ordered to active duty under paragraph
(1)
only by a person
empowered to convene general courts-martial in a regular component of Starfleet.
(5)
A member ordered to
active duty under paragraph (i), unless the order to active duty was approved by
the Secretary of Starfleet, may not--
(A) be sentenced to
confinement; or
(B) be required to serve a
punishment of any restriction on liberty during a period other than a period of
inactive-duty training or active duty [other than active duty ordered under
paragraph (i)].
Article 3:
(a) Subject to section 843 of this title (article 43), no person charged with having committed, while in a status in which he was subject to this document, an offense against this document, punishable by confinement for five years or more and for which the person cannot be tried in the courts of the United Federation of Planets Member World, Colony, Territory, Protectorate, may be relieved from amenability to trial by court-martial by reason of the termination of that status.
(b) Each person discharged from Starfleet who is later charged with having fraudulently obtained his discharge is, subject to section 843 of this title (article 43), subject to trial by court-martial on that charge and is after apprehension subject to trial by court-martial for all offense under this document committed before the fraudulent discharge.
(c) No person who has deserted from Starfleet may be relieved form amenability to the jurisdiction of this document by virtue of separation from any later period of service.
(d) A member of a reserve component who is subject to this document is not, by virtue of the termination of a period of active duty or inactive-duty training, relieved from amenability to the jurisdiction of this document for an offense against this document committed during such period of active duty or inactive-duty training.
Article 4:
(a) If any commissioned officer, dismissed by order of the president, makes a written application for trial by court-martial setting forth under oath, that he has been wrongfully dismissed, Starfleet Command , as soon as practicable, shall convene a general court-martial to try that officer on the charges on which he was dismissed. A court-martial so convened has jurisdiction to try the dismissed officer on those charges, and he shall be considered to have waived the right to plead any statute of limitations applicable to any offense with which he is charged. The court-martial may, as part of its sentence, adjudge the affirmance of the dismissal, but if the court-martial acquits the accused or if the sentence prescribed , as finally approved or affirmed, does not include dismissal or imprisonment, the Secretary of Starfleet shall substitute for the dismissal ordered by Starfleet Command a form of discharge authorized for administrative issue.
(b) If Starfleet Command fails to convene a general court-martial within six months from the preparation of an application for trial under this article, the Secretary of Starfleet shall substitute for the dismissal order by Starfleet Command a form of discharge authorized for administrative issue.
(c) If a discharge is substituted for a dismissal under this article, Starfleet Command alone may reappoint the officer to such commissioned grade and with such rank as, in the opinion of Starfleet Command , that former officer would have attained had he not been dismissed. The reappointment of such a former officer shall be without regard to the existence of a vacancy and shall affect the promotion status of other officers only insofar as Starfleet Command may direct. All time between the dismissal and the reappointment shall be considered as actual service for all purposes, including the right to pay and allowances.
(d) If an officer is discharged from any armed force by administrative action or is dropped from the rolls by order of Starfleet Command, he has no right to trial under this article.
Article 5:
This document applies in all Member Worlds, Colonies, Territories, Protectorates, outposts and facilities of the United Federation of Planets.
Article 6:
(a) The assignment for duty of judge advocates shall be made upon the recommendation of the Judge Advocate General of Starfleet. The Judge Advocate General or senior members of his staff shall make frequent inspection in the field in supervision of the administration of military justice.
(b) Convening authorities shall at all times communicate directly with their staff judge advocates or legal officers in matters relating to the administration of military justice; and the staff judge advocate or legal officer of a superior or subordinate command, or with the Judge Advocate General.
(c) No person who has acted as member, military judge, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, or investigating officer in any case may later act as staff judge-advocate or legal officer to any reviewing authority upon the same case.
(d) A judge advocate who is assigned or detailed to perform the functions of a civil office in the Government of the United Federation of Planets under section 973(*b)(2)(B) of this title may perform such duties as may be requested by the agency concerned, including representation of the United Federation of Planets in civil and criminal cases.
Article 6A:
(a) Starfleet Command shall prescribe procedures for the investigation and disposition of charges, allegations, or information pertaining to the fitness of a military judge or military appellate judge to perform the duties of the judge's position, to the extent practicable, the procedures shall be uniform for all armed forces.
(b) Starfleet Command shall transmit a copy of the procedures prescribed pursuant to this section to the Committees on Starfleet of the United Federation of Planets.
Article 7:
(a) Apprehension is the taking of a person into custody.
(b) Any person authorized under regulations governing Starfleet to apprehend persons subject to this document may do so upon reasonable belief that an offense has been committed and that the person apprehended committed it.
(c) Commissioned officers, warrant officers, petty officers, and noncommissioned officers have authority to quell quarrels, frays and disorders among persons subject to this document who take part therein.
Article 8:
Any civil officer having authority to apprehend offenders under the laws of the United Federation of Planets or it's Member Worlds, Colonies, Territories, Protectorates, outposts and facilities, may summarily apprehend a deserter from Starfleet and deliver him into the custody of those forces.
Article 9:
(a) Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing him to remain within certain specified limits. Confinement is the physical restraint of a person.
(b) An enlisted member may be ordered into arrest or confinement by any commissioned officer by an order, oral or written, delivered in person or through other persons subject to this document. A commanding officer may authorize warrant officers, petty officers, or noncommissioned officers to order enlisted members of his command or subject to his authority into arrest or confinement.
(c) A commissioned officer, a warrant officer, or a civilian subject to this document or to trial there under may be ordered into arrest or confinement only by a commanding officer to whose authority he is subject, by an order, oral or written, delivered in person or by another commissioned officer. The authority to order such persons into arrest or confinement may not be delegated.
(d) No person may be ordered into arrest or confinement except for probable cause.
(e) Nothing in this article limits the authority of person s authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.
Article 10:
Any person subject to this document charged with an offense under this document shall be ordered into arrest or confinement, as circumstances may require; when any person subject to this document is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform him of the specific wrong of which he is accused and to try him or to dismiss the charges and release him.
Article 11:
No member of Starfleet may refuse to receive or keep any prisoner committed to his charge by a commissioned officer of Starfleet , when the committing officer furnishes a statement, signed by him, of the offense charged against the prisoner.
Article 12:
No member of Starfleet may be placed in confinement in immediate association with enemy prisoners or other foreign nationals not members of Starfleet.
Article 13:
No person, while being held for trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him, nor shall the arrest or confinement imposed upon him be any more rigorous than the circumstances required to insure his presence, but he may be subjected to minor punishment during that period for infractions of discipline.
Article 14:
(a) Under such regulations as the Secretary of Starfleet may prescribe, a member of Starfleet accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial.
(b) When delivery of a person undergoing sentence of a court-martial is followed by conviction in a civil tribunal, the execution of the sentence of the court-martial shall , upon the request of competent military authority, be returned to military custody for the completion of his sentence after having answered to the civil authorities for his offense.
Article 15:
(a) Under such regulations as Starfleet Command may prescribe, and under such additional regulations as may be prescribed by the Secretary of Starfleet, limitations may be placed on the powers granted by this article with respect to the kind and amount of punishment authorized, the categories of commanding officers and warrant officers exercising command authorized to exercise those powers, the applicability of this article to an accused who demands trial by court-martial, and the kinds of courts-martial to which the case may be referred upon such a demand. However, except in the case of a member attached to or embarked in a vessel, punishment may not be imposed upon any member of Starfleet under this article if the member has, before the imposition of such punishment, demanded trial by court-martial in lieu of such punishment. Under similar regulations, rules may be prescribed with respect to the suspension of punishments authorized by regulations of the Secretary of Starfleet, a commanding officer exercising general court-martial jurisdiction or an officer of flag rank in command may delegate his powers under this article to a principal assistant.
(b)
Subject to subsection (a) any commanding officer may, in addition to
or in lieu of reprimand, impose one or more of the following disciplinary
punishments for minor offenses without the intervention of a court-martial--
(1) upon officers of
his command--
(A)
restriction to certain specified limits, with or without suspension from duty,
for not more that 30 consecutive days;
(B) if imposed by an officer exercising general
court-martial jurisdictions or an officer of flag rank in command--
(i)
arrest in quarters
for not more than 30 consecutive days;
(ii) restriction to certain specified limits, with or without suspension
from duty, for not more than 60 consecutive days;
(iii) reduction in rank of not more than two grades;
(2) upon other
personnel of his command--
(A)
if imposed upon a person attached to or embarked in a vessel, confinement on
diminished rations for not more than three consecutive days;
(B)
correctional custody for not more than seven
consecutive days;
(C) reduction to the next inferior pay grade;
(D)
extra duties, including fatigue or other
duties, for not more than 14 consecutive days;
(E) restriction to certain specified limits,
with or without suspension from duty, for not more than 14 consecutive days;
(F) if imposed by an officer of the grade of
lieutenant commander, or above--
(i)
the punishment
authorized under clause (A);
(ii) correctional custody for not more than 30 consecutive days;
(iii) reduction to the lowest or any intermediate rank;
(iv) extra duties, including fatigue or other duties, for not more than
45 consecutive days;
(v) restriction to certain specified limits, with or without suspension
from duty, for not more than 60 consecutive days;
No two or more of the punishments of arrest in quarters, confinement, diminished rations, correctional custody, extra duties, and restriction may be combined to run consecutively in the maximum amount impossible for each. Whenever any of those punishments are combined to run consecutively, there must be an period of at least 3 days between punishments. For the purpose of this subsection, "correctional custody" is the physical restraint of a person during duty or non-duty hours and may include extra duties, fatigue duties, or hard labor. If practicable, correctional custody will not be served in immediate association with persons awaiting trial or held in confinement pursuant to trial by court-martial.
(c) An officer in charge may impose upon enlisted members assigned to the unit of which he is in charge such of the punishment authorized under subsection (b)(2)(A)-(G) as the Secretary of Starfleet may specifically prescribe by regulation.
(d) The officer who imposes the punishment authorized in subsection (b), or
his successor in command, may, at any time, suspend probationally any part or
amount of the unexecuted punishment imposed and may suspend probationally a
reduction in grade imposed under subsection (b), whether or not executed.
In addition, he may, at any time, remit or mitigate any part or amount of the
unexecuted punishment imposed and may set aside in whole or in part the
punishment, whether executed or unexecuted, and restore all rights, privileges
and property affected. He may also mitigate reduction in grade. When
mitigating--
(1)
arrest in quarters
to restriction;
(2) extra duties to restriction;
(3) confinement on diminished rations to correctional custody;
(4) correctional custody confinement on diminished rations to extra
duties or restriction, or both.
The mitigated punishment shall not be for a greater period than the punishment mitigated.
(e) A person punished under this article who considers his punishment unjust
or disproportionate to the offense may, through proper channels, appeal to the
next superior authority. The appeal shall be promptly forwarded and
decided, but the person punished may in the meantime be required to undergo the
punishment prescribed . The superior authority may exercise the same
powers with respect to punishment imposed as may be exercised under subsection
(d) by the officer who imposed the punishment.
Before acting on appeal from a punishment of--
(1) arrest in quarters
for more than seven days;
(2) correctional custody for more than seven days;
(3) reduction of one or more ranks from the lieutenant commander or
higher;
(4) extra duties for more than 14 days; or
(5) restriction for more than 14 days.
The authority who is to act on the appeal shall refer the case to a judge
advocate or a civilian lawyer for consideration and advice, and may so refer the
case upon appeal from any punishment imposed under subsection (b).
(f) The imposition and enforcement of disciplinary punishment under this article for any act or omission is not a bar to trial by court-martial for a serious crime or offense growing out of the same act or omission, and not properly punishable under this article; but the fact that a disciplinary punishment has been enforced may be shown by the accuse upon trial, and when so shown shall be considered in determining the measure of punishment to be prescribed in the event of a finding of guilty.
(g) The Secretary of Starfleet may, by regulation, prescribe the form of records to be kept under this article and may also prescribe that certain categories of those proceedings shall be in writing.
Article 16:
The three kinds of courts-martial in each of Starfleet are--
(1) general courts-martial,
consisting of--
(A) a military judge and not less
than three members; or
(B) only one military judge, if before the court is
assembled the accused, knowing the identity of the military judge and after
consultation with defense counsel, requests orally on the record or in writing a
court composed only of a military judge and the military judge approves;
(2) special courts-martial, consisting of--
(A) not less than three members; or
(B) a military judge and not less than three members;
or
(C) only one military judge, if one has been detailed
to the court, and the accused under the same conditions as those prescribed in
clause (1)(B) so requests; and,
(3) summary courts-martial, consisting of one commissioned officer.
Article 17:
(a) The Judge Advocate General has court-martial jurisdiction over all persons subject to this document in accordance with regulations prescribed by Starfleet Command.
(b) In all cases, there shall be a departmental review which shall be held by an officer with authority to convene a general court-martial, and shall be carried out by the department or corps of which the accused is a member.
Article 18:
Subject to article 17, general courts-martial have jurisdiction to try persons subject to this document for any offense made punishable by this document and may, under such limitations as Starfleet Command may prescribe, proscribe any punishment not forbidden by this document, including the penalty of imprisonment when specifically authorized by this document. General courts-martial also have jurisdiction to try any person who by the law of war is subject to trial by a military tribunal and may proscribe any punishment permitted by the law of war. However, a general court-martial of the kind specified in article 16(1)(B) shall not have jurisdiction to try any person for any offense for which imprisonment may be prescribed unless the case has been previously referred to trial as non-capital case.
Article 19:
Subject to article 17, special courts-martial have jurisdiction to try persons subject to this document for any non-capital offense made punishable by this document and, under such regulations as Star Fleet Command may prescribe. Special courts-martial may, under such limitations as Starfleet Command may prescribe, assign any punishment not forbidden by this document except imprisonment, dishonorable discharge, dismissal, confinement for more than six months, hard labor without confinement for more than three months, or reduction of more than one rank. A bad-conduct discharge may not be prescribed unless a complete record of the proceedings and testimony has been made, counsel having the qualifications prescribed under article 27(b) was detailed to represent the accused, and a military judge was detailed to the trial, except in any case in which a military judge could not be detailed to the trial, the convening authority shall make a detailed written statement, to be appended to the record, stating the reason or reasons a military judge could not be detailed.
Article 20:
Subject to article 17, summary courts-martial have jurisdiction to try persons subject to this document, except officers and cadets, for any non-capital offense made punishable by this document. No person with respect to whom summary courts- martial have jurisdiction may be brought to trial before a summary court-martial if he objects. If objection to trial by summary court-martial is made by an accused, trial may be ordered by special or general court-martial as may be appropriate. Summary courts-martial may, under such limitations as Starfleet Command may prescribe, assign any punishment not forbidden by this document except imprisonment, dismissal, dishonorable or bad- conduct discharge, confinement for more than one month, hard labor without confinement for more than 45 days, or restrictions to specified limits for more than two months.
Article 21:
The provisions of this document conferring jurisdiction upon courts-martial do not deprive military courts, or other military tribunals of concurrent jurisdiction with respect to offenders or offenses that by statute or by the law of war may be tried by military courts, or other military tribunals.
Article 22:
(a) General
courts-martial may be convened by--
(1) Starfleet Command of the United Federation of
Planets;
(2) the Secretary of Starfleet;
(3) the Regional Judge Advocate General;
(4) the commanding officer of Starfleet vessel, starbase or outpost;
(5) the commanding officer of a sector of the United Federation of
Planets;
(6) the commander in chief of a fleet;
(7) any other commanding officer designated by the Secretary of
Starfleet; or
(8) any other commanding officer in any branch of Starfleet when
empowered by Starfleet Command.
(b) If any such commanding officer is an accuser, the court shall be convened by superior competent authority, and may in any case be convened by such authority if considered desirable by him.
Article 23:
(a) Special courts-martial may be convened by--
(1) any person who may convene a general
court-martial;
(2) the commanding officer of a district, fort, camp, station, base, or
other place where members of Starfleet are on duty;
(3) the commanding officer of a detached brigade, regiment, battalion, or
corresponding unit of Starfleet;
(4) the commanding officer of a detached wing, group, or separate
squadron of Starfleet;
(5) the commanding officer of any Starfleet, shipyard, starbase, station;
or outpost;
(6) the commanding officer of any detached group of Starfleet officers
placed under a single commander for any purpose; or
(7) the commanding officer or officer in charge of any other command when
empowered by the Secretary of Starfleet.
(b) If any such officer is an accuser, the court shall be convened by superior competent authority, and may in any case be convened by such authority if considered advisable by him.
Article 24:
(a) Summary
courts-martial may be convened by--
(1) any person who may convene a general or special
court-martial;
(2) the commanding officer of a detached company other detachment of
Starfleet;
(3) the commanding officer of a detached squadron or other detachment of
Star Fleet; or
(4) the commanding officer or officer in charge of any other command when
empowered by the Secretary of Starfleet.
(b) When only one commissioned officer is present with a command or detachment he shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases brought before him. Summary courts-martial may, however, be overturned by superior competent authority upon review.
Article 25:
(a) Any commissioned officer on active duty is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial.
(b) Any warrant officer on active duty is eligible to serve on a special court-martial for the trial of any person, other than a commissioned officer, who may lawfully be brought before such courts for trial.
(c) (1) Any enlisted member of an armed force on active duty who
is not a member of the same unit as the accused is eligible to serve on general
and special courts-martial for the trial of any enlisted member of an armed
force who may lawfully be brought before such courts for trial, but he shall
serve as a member of a court only if, before the conclusion of a session called
by the military judge under article 39(a) prior to trial or, in the absence of
such a session, before the court is assembled for the trial of the accused, the
accused personally has requested orally on the record or in writing that
enlisted members serve on it. After such a request, the accused may not be
tried by a general or special courts-martial the membership of which does not
include enlisted members in a number comprising at least one-third of the total
membership of the court, unless eligible enlisted members cannot be obtained on
account of physical conditions or military emergencies. If such members
cannot be obtained, the court may be assembled and the trial held without them,
but the convening authority shall make a detailed written statement, to be
appended to the record, stating why they could not be obtained.
(2) In this article, "unit" means any regularly organized body as defined by the Secretary of Star Fleet, but in no case may it be a body larger than a company, squadron, ship's crew, or body corresponding to one of them.
(d)( No member of Starfleet may be tried in a
court-martial by any member of which is junior to him in rank or grade.)
(2) When convening a court-martial, the convening authority shall detail
such members of Starfleet as, in his opinion, are best qualified for the duty by
reason of age, education, training, experience, length of service, and judicial
temperament. No member of Starfleet is eligible to serve as a member of a
general or special court-martial when he is the accuser or a witness for the
prosecution or has acted as investigating officer or as counsel in the same
case.
(e) Before a court-martial is assembled for the trial of a case, the convening authority may excuse a member of the court from participating in the case. Under such regulations as the Secretary of Starfleet may prescribe, the convening authority may delegate his authority under this subsection to his staff judge advocate or legal officer or to any other principal assistant.
Article 26:
(a) A military judge shall be detailed to each general court-martial. Subject to regulations of the Secretary of Starfleet, a military judge may be detailed to any special court-martial. The Secretary of Starfleet shall prescribe regulations providing for the manner in which military judges are detailed for such courts-martial and for the persons who are authorized to detail military judges for such courts-martial. The military judge shall preside over each open session of the court-martial in which he has been detailed.
(b) A military judge shall be a commissioned officer of Starfleet who is a member of the bar of a Federal court of the United Federation of Planets, and who is certified to be qualified for duty as a military judge by the Judge Advocate General of Starfleet.
(c) The military judge of a general court-martial shall be designated by the Judge Advocate General, or his designee in accordance with regulations prescribed under subsection (a). Unless the court-martial was convened by Starfleet Command or the Secretary of Starfleet, neither the convening authority nor any member of his staff shall prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge so detailed, which relates to his performance of duty as a military judge. A commissioned officer who is certified to be qualified for duty as a military judge of a general court-martial may perform such duties only when he is assigned and directly responsible to the Judge Advocate General, or his designee, and may perform duties of a judicial or non-judicial nature other than those relating to his primary duty as a military judge of a general court-martial when such duties are assigned to him by or with the approval of that Judge Advocate General or his designee.
(d) No person is eligible to act as military judge in a case if he is the accuser or a witness for the prosecution or has acted as investigating officer or a counsel in the same case.
(e) The military judge of a court-martial may not consult with the members of the court except in the presence of the accused, trial counsel, and defense counsel, nor may he vote with the members of the court.
Article 27:
(a)(1) Trial counsel and defense counsel shall be detailed for each general
and special court-martial. Assistant trial counsel and assistant and
associate defense counsel may be detailed for each general and special
court-martial. The Secretary of Starfleet shall prescribe regulations
providing for the manner in which counsel are detailed for such courts- martial
and for the persons who are authorized to detail counsel for such
courts-martial.
(2) No person who has acted as investigating officer, military judge, or
court member in any case may act later as trial counsel, assistant trial
counsel, or, unless expressly requested by the accused, as defense counsel or
assistant or associate defense counsel in the same case. No person who has
acted for the prosecution may act later in the same case for the defense, nor
may any person who has acted for the defense act later in the same case for the
prosecution.
(b) Trial counsel or defense counsel detailed for a general
court-martial- -
(1) must be a judge advocate who is a graduate of an accredited law
school or is a member of the bar of a Federal court of the United Federation of
Planets; or it's Member Worlds; and
(2) must be certified as competent to perform such duties by the Judge
Advocate General of Starfleet.
(c) In the case of a special court-martial--
(1) the accused shall be afforded the opportunity to
be represented at the trial by counsel having the qualifications prescribed
under article 27(b) unless counsel having such qualifications cannot be obtained
on account of physical conditions or military emergencies. If counsel
having such qualifications cannot be obtained, the court may be convened and the
trial held but the convening authority shall make a detailed written statement,
to be appended to the record, stating why counsel with such qualifications could
not be obtained;
(2) if the trial counsel is qualified to act as counsel before a general
court-martial, the defense counsel detailed by the convening authority must be a
person similarly qualified; and
(3) if the trial counsel is a judge advocate or a member of the bar of a
Federal court of the United Federation of Planets, the defense counsel detailed
by the convening authority must be one of the foregoing.
Article 28:
Under such regulations as the Secretary of Starfleet may prescribe, the convening authority of a court-martial, military tribunal, or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court or tribunal. Under like regulations the convening authority of a court-martial, military commission, or court of inquiry may detail or employ interpreters who shall interpret for the court or tribunal.
Article 29:
(a) No member of a general or special court-martial may be absent or excused after the court has been assembled for the trial of the accused unless excused as a result of challenge, excused by the military judge for physical disability or other good cause, or excused by order of the convening authority for good cause.
(b) Whenever a general or special court-martial, other than a court-marital composed of a military judge only, is reduced below three members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than three members. The trial shall proceed with the new members present as if no evidence had previously been introduced at the trial, unless verbatim record of the evidence previously introduced before the members of the court or a stipulation thereof is read to the court in the presence of the military judge, if any, the accused and counsel for both sides.
(c) If the military judge of a court-martial composed of a military judge only is unable to proceed with the trial because of physical disability, as a result of a challenge, or for other good cause, the trial shall proceed, subject to any applicable conditions of article 16(1)(B) or (2)(C), after the detail of a new military judge as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or a stipulation thereof is read in court in the presence of the new military judge, the accused, and counsel for both sides.
Article 30:
(a) Charges
and specifications shall be signed by a person subject to this document under
oath before a commissioned officer of Starfleet authorized to administer
oaths and shall state--
(1) that the signer has personal knowledge of, or has investigated, the
matters set forth therein; and
(2) that they are true in fact to the best of his knowledge and belief.
(b) Upon the preferring of charges, the proper authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the person accused shall be informed of the charges against him as soon as possible.
Article 31:
(a) No person subject to this document may compel any person to incriminate himself or to answer any questions the answer to which may tend to incriminate him.
(b) No person subject to this document may interrogate, or request any statement from an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected and that any statement made by him may be used as evidence against him in a trial by court-martial.
(c) No person subject to this document may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence in not material to the issue and may tend to degrade him.
(d) No statement obtained from any person in violation of this article, or through the use of coercion, unlawful influence, or unlawful inducement may be received in evidence against him in a trial by court-martial.
Article 32:
(a) No charge or specification may be referred to a general court-martial for trial until a through and impartial investigation of all the matters set forth therein has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges, and recommendation as to the disposition which should be made of the case in the interest of justice and discipline.
(b) The accused shall be advised of the charges against him and of his right to be represented at that investigation as provided in article 38 and in regulations prescribed under that section. At that investigation full opportunity shall be given to the accused to cross-examine witnesses against him if they are available and to present anything he may desire in his own behalf, either in defense or mitigation, and the investigation officer shall examine available witnesses requested by the accused. If the charges are forwarded after the investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides and a copy thereof shall be given to the accused.
(c) If an investigation of the subject matter of an offense has been conducted before the accused is charged with the offense, and if the accused was present at the investigation and afforded the opportunities for representation, cross-examination, and presentation prescribed in subsection (b), no further investigation of that charge is necessary under this article unless it is demanded by the accused after he is informed of the charge. A demand for further investigation entitles the accused to recall witnesses for further cross-examination and to offer any new evidence in his own behalf.
(d) The requirements of this article are binding on all persons administering this document but failure to follow them does not constitute judicial error.
Article 33:
When a person is held for trial by general court-martial the commanding officer shall, within eight days after the accused is ordered into arrest or confinement, if possible, forward the charges, together with the investigation and allied papers, to the officer exercising general court martial jurisdiction. If that is not possible, he shall report in writing to that officer the reasons for the delay.
Article 34:
(a)
Before directing the trial of any charge by general court-martial, the convening
authority shall refer it to his staff judge advocate for consideration and
advice. The convening authority may not refer a specification under a
charge to a general court-martial for trial unless he has been advised in
writing by the staff judge advocate that--
(1) the specification alleges an offense under this document;
(2) the specification is warranted by the evidence indicated in the
report of investigation under article 32 (if there is such a report); and
(3) a court-martial would have jurisdiction over the accused and the
offense.
(b) The advice of the staff judge advocate under subsection (a) with
respect to a specification under a charge shall include a written and signed
statement by the staff judge advocate--
(1) expressing his conclusions with respect to each matter set forth in
subsection (a); and
(2) recommending action that the convening authority take regarding the
specification.
If the specification is referred for trial, the recommendation of the staff
judge advocate shall accompany the specification.
(c) 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 investigation officer, formal corrections, and such changes in the charges and specifications as are needed to make them conform to the evidence, may be made.
Article 35:
The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to be had. In time of peace no person may be brought to trial or be required to participate by himself or counsel in a session called by the military judge under article 39(a), in a general court-martial case within a period of five days after the service of charges upon him or in a special court-martial within a period of three days after the service of the charges upon him.
Article 36:
(a) Pretrial, trial, and post trial procedures, including modes of proof, for cases arising under this document triable in courts-martial, and other military tribunals, and procedures for courts of inquiry, may be prescribed by Starfleet Command by regulations which shall, so far as he considers practicable, apply the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the United Federation of Planets district courts, but which may not be contrary to or inconsistent with this document.
(b) All rules and regulations made under this article shall be uniform insofar as practicable and shall be reported to the General Assembly of the United Federation of Planets.
Article 37:
(a) No authority convening a general, special, or summary court-martial, nor any other commanding officer, may censure, reprimand, or admonish the court or any member, military judge, or counsel thereof, with respect to the findings or sentence prescribed by the court, or with respect to any other exercises of its or his functions in the conduct of the proceedings. No person subject to this document may attempt to coerce or, by any unauthorized means, influence the action of a court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority with respect to his judicial acts. The foregoing provisions of the subsection shall not apply with respect to:
(1) general instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial, or
(2) to statements and instructions given in open court by the military judge, president of a special court-martial, or counsel.
(b) In the preparation of an effectiveness, fitness, or efficiency report on any other report or document used in whole or in part for the purpose of determining whether a member of Starfleet is qualified to be advanced, in grade, or in determining the assignment or transfer of a member of Starfleet or in determining whether a member of Starfleet should be retained on active duty, no person subject to this document may, in preparing any such report consider or evaluate the performance of duty of any such member, as counsel, represented any accused before a court-martial.
Article 38:
(a) The trial counsel of a general or special court-martial shall prosecute in the name of the United Federation of Planets, and shall, under the direction of the court, prepare the record of the proceedings.
(b) (1) The accused has the right to be represented
in his defense before a general or special court-martial or at an investigation
under article 32 as provided in this subsection.
(2) The accused may be represented by civilian counsel if provided by
him.
(3) The accused may be represented--
(A) by military counsel detailed under
article 27; or
(B) by military counsel of his own selection if that counsel is
reasonably available (as determined under regulations prescribed under paragraph
(7)).
(c) In any court-martial proceeding resulting in a conviction, the defense
counsel-
(1) may foreword for attachment to the record of proceedings a brief of
such matters as he determines should be considered in behalf of the accused on
review (including any objections to the contents of the record which he
considers appropriate);
(2) may assist the accused in the submission of any mater under article
60; and
(3) may take other action authorized by this document.
(d) An assistant trial counsel of a general court-martial may, under the direction of the trial counsel or when he is qualified to be a trial counsel as required by article 27, perform any duty imposed by law, regulation, or the custom of the service upon the trial counsel of the court. An assistant trial counsel of a special court-martial may perform any duty of the trial counsel.
(e) An assistant defense counsel of a general or special court-martial may, under the direction of the defense counsel or when he is qualified to be the defense counsel as required by article 27, perform any duty imposed by law, regulation, or custom of the service upon counsel for the accused.
Article 39:
(a) At
any time after the service of charges which have been referred for trial by
court-martial composed of a military judge and members, the military judge may,
subject to article 35, call the court into session without the presence of the
members for the purpose of--
(1) hearing and determining motions raising defenses or objections which
are capable of determination without trial of the issues raised by a plea of not
guilty;
(2) hearing and ruling upon any matter which may be ruled upon by the
military judge under this document, whether or not the matter is appropriate for
later consideration or decision by the members of the court;
(3) if permitted by regulations of the Secretary of Starfleet, holding
the arraignment and receiving the pleas of the accused; and
(4) performing any other procedural function which may be performed by
the military judge under this document or under rules prescribed pursuant to
article 36 and which does not require the presence of the members of the court.
(b) When the members of a court-martial deliberate or vote, only the members may be present. All other proceedings, including any other consultation of the members of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and in cases in which a military judge has been detailed to the court, the military judge.
Article 40:
The military judge or a court-martial without a military judge may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just.
Article 41:
(a) The military judge and members of a general or special court- martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge, or if none, the court, shall determine the relevance and validity of the challenges for cause, and may not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.
(b) Each accused and the trial counsel is entitled to one preemptory challenge, but the military judge may not be challenged except for cause.
Article 42:
(a) Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant or associate defense counsel, reporters, and interpreters shall take an oath to perform their duties faithfully. The form of the oath, the time and place of the taking thereof, the manner of recording the same, and whether the oath shall be taken for all cases in which these duties are to be performed or for a particular case, shall be as prescribed in regulations of the Secretary of Starfleet. These regulations may provide that an oath to perform faithfully duties as a military judge, trial counsel, assistant trial counsel, defense counsel, or assistant or associate defense counsel may be taken at any time by any judge advocate or other person certified to be qualified or competent for duty, and if such an oath is taken it need not again be taken at the time the judge advocate, or other person is detailed to that duty.
(b) Each witness before a court-martial shall be examined on oath.
Article 43:
(a) A person charged with absence without leave or missing movement in time of war, or offense which violates a Starfleet Directive, may be tried at any time without limitation.
(b) (1) Except as otherwise provided in this section
(article), a person charged with an offense is not liable to be tried by
court-martial if the offense was committed more than five years before the
receipt of sworn charges and specifications by an officer exercising summary
court-martial jurisdiction over the command.
(2) A person charged with an offense is not liable to be punished under
article 15 if the offense was committed more than two years before the
imposition of punishment.
(c) Periods in which the accused is absent without authority or fleeing from justice shall be excluded in computing the period of limitation prescribed in this article.
(d) Periods in which the accused was absent from territory in which the United Federation of Planets has the authority to apprehend him, or in the custody of civil authorities, or in the hands of the enemy, shall be excluded in computing the period of limitation prescribed in this article.
(e) For an offense in time of war the period of limitation prescribed in this article is extended to six months after the termination of hostilities as proclaimed by Starfleet Command or by a resolution of the General Assembly of the United Federation of Planets.
(f) When the United Federation of Planets is at war, the statute of
limitations applicable to any offense under this document--
(1) involving fraud or attempted fraud against the United Federation of
Planets or any agency thereof, whether by conspiracy or not;
(2) committed in connection with the acquisition, care, handling,
custody, control, or disposition of any real or personal property of the United
Federation of Planets; or
(3) committed in connection with the negotiation, procurement, award,
performance, payment, financing, cancellation, or other termination or
settlement, of any contract, subcontract, or purchase order which is connected
with or related to the prosecution of the war, or with any disposition of
termination inventory by any war contractor or Government agency;
is suspended until three years after the termination of hostilities as proclaimed by Star Fleet Command or by a resolution of the General Assembly of the United Federation of Planets.
(g) (1) If charges or specifications are dismissed or insufficient
for any cause and the period prescribed by the applicable statute of
limitations--
(A) has expired; or
(B) will expire within 180
days after the dismissal of charges and specifications; trial and
punishment under new charges and specifications are not barred by the statute of
limitations if the conditions specified in paragraph (2) are met.
(2) The conditions referred to in paragraph (1) are that the new charges and
specifications must--
(A) be received by an officer
exercising summary court-martial jurisdiction over the command within 180 days
after dismissal of the charges or specifications; and
(B) claim the same acts or
omissions that were in the original dismissed charges or specifications, or
claim acts or omissions that were included in the dismissed charges or
specifications.
Article 44:
(a) No person may, without his consent, be tried a second time for the same offense.
(b) No proceeding in which the accused has been found guilty by court-martial upon any charge or specification is a trial in the sense of this article until the finding of guilty has become final after review of the case has been fully completed.
(c) A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this article.
Article 45:
(a) If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that he has entered the plea of guilty through lack of understanding of its meaning and effect, or if he fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though he had pleaded not guilty.
(b) A plea of guilty by the accused may not be received to any charge or specification alleging an offense for which imprisonment may be prescribed. With respect to any other charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge or by a court-martial without a military judge, a finding of guilty of the charge or specification may, if permitted by regulations of the Secretary of Starfleet, be entered immediately. This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.
Article 46:
The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as Starfleet Command may prescribe. Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall be similar to the courts of the Member Worlds, Colonies, Territories, Protectorates, outposts and facilities of the United Federation of Planets.
Article 47:
(a) Any
person not subject to this who--
(1) has been dully subpoenaed to appear as a witness before a
court-martial, military tribunal, court of inquiry, or any other military court
or board, or before any military or civil officer designated to take a
deposition to be read in evidence before such a court, tribunal, or board; and
(2) willfully neglects or refuses to appear, or refuses to qualify as a
witness or to testify or to produce any evidence which that person may have been
legally subpoenaed to produce;
is guilty of an offense against the United Federation of Planets.
(b) Any person who commits an offense named in subsection (a) shall be tried on the information in a United Federation of Planets district court or in a court of jurisdiction in any of the Member Worlds, Colonies, Territories, Protectorates, outposts and facilities of the United Federation of Planets, and jurisdiction is conferred upon those courts for that purpose. Upon conviction, such person shall be punished by a fine of not more than 500 Federation Credits, or imprisonment for not more than six months, or both.
(c) The United Federation of Planets attorney or the officer prosecuting for the United Federation of Planets in any such court of original criminal jurisdiction shall, upon the certification of the facts to him by the military court, tribunal, court of inquiry, or board, file an information against and prosecute any person violating this article.
Article 48:
A court-martial, provost court, or military tribunal may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder. The punishment may not exceed confinement for 30 days or a fine of 100 Federation Credits or both.
Article 49:
(a) At any time after charges have been signed as provided in article 30, any party may take oral or written depositions unless the military judge or court-martial without a military judge hearing the case or, if the case is not being heard, an attorney competent to convene a court-martial for the trial of those charges forbids it for good cause. If a deposition is to be taken before charges are referred for trial, such authority may designate commissioned officers to represent the prosecution and the defense and may authorize those officers to take the deposition of any witness.
(b) The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition.
(c) Depositions may be taken before and authenticated by any military or civilian authorized by the laws of the United Federation of Planets or by the laws of the place where the deposition is taken to administer oaths.
(d) A duly authenticated deposition taken upon reasonable notice to other
parties, so far as otherwise admissible under the rules of evidence, may be read
in evidence or, in the case of audiotape, videotape, holo-projection or similar
material, may be played in evidence before any military court or commission in
any case not capital, or in any proceeding before a court of inquiry or military
board, if it appears--
(1) that the witness resides or is beyond the boundaries of the United
Federation of Planets, or beyond 1000 Light Years from the place of trial or
hearing;
(2) that the witness by reason of death, age, sickness, bodily infirmity,
imprisonment, military necessity, or other reasonable cause is unable or refuses
to appear and testify in person at the place of trial or hearing; or
(3) that the present whereabouts of the witness is unknown.
(e) Subject to subsection (d), a deposition may be read in evidence or, in the case of audiotape, videotape, holo-projection or similar material, may be played in evidence in any case.
Article 50:
(a) In any case not capital and not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained, may, if otherwise admissible under the rules of evidence, be read in evidence by any party before a court-martial or military commission if the accused was a party before the court of inquiry and if the same issue was involved or if the accused consents to the introduction of such evidence.
(b) Such testimony may be read in evidence only by the defense in capital cases extending to the dismissal of a commissioned officer.
(c) Such testimony may also be read in evidence before a court of inquiry or a military board.
Article 50A:
(a) It is an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a sever mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of the acts. Mental disease or defect does not otherwise constitute a defense.
(b) The accused has the burden of proving the defense of lack of mental responsibility by clear and convincing evidence.
(c) Whenever lack of mental responsibility of the accused with respect to
an offense is properly at issue, the military judge, or the president of the
court-martial without a military judge, shall instruct the members of the court
as to the defense of lack of mental responsibility under this section and shall
charge them to find the accused--
(1) guilty;
(2) not guilty; or
(3) not guilty only by reason of lack of mental responsibility.
(d) Subsection (c) does not apply to a court-martial composed of a
military judge only. In the case of a court-martial composed of a military
judge only, whenever lack of mental responsibility of the accused with respect
to an offense is properly at issue, the military judge shall find the accused--
(1) guilty;
(2) not guilty; or
(3) not guilty only by reason of lack of mental responsibility.
(e) Notwithstanding the provision of article 52, the accused shall be
found not guilty only by reason of lack of mental responsibility if--
(1) a majority of the members of the court-martial present at the time
the vote is taken determines that the defense of lack of mental responsibility
has been established; or
(2) in the case of court-martial composed of a military judge only, the
military judge determines that the defense of lack of mental responsibility has
been established.
Article 51:
(a) Voting by members of a general or special court-martial on the findings and on the sentence, and by members of a court-martial without a military judge upon questions of challenge, shall be by secret ballot. The junior member of the court shall count the votes. The count shall be checked by the president, who shall forthwith announce the result of the ballot to the members of the court.
(b) The military judge and, except for questions of challenge, the president of a court-martial without a military judge shall rule upon all questions of law and all questions arising during the proceedings. Any such ruling made by the military judge upon any question of law or any question other than the factual issue of mental responsibility of the accused, or by the president of a court-martial without a military judge upon any question of law other than a motion for a finding of not guilty, is final and constitutes the ruling of the court. However, the military judge or the president of a court-martial without a military judge may change his ruling at any time during the trial. Unless the ruling is final, if any member objects thereto, the court shall be cleared and closed and the question decided by a voice vote as provided in article 52, beginning with the junior in rank.
(c) Before a vote is taken of the findings, the military judge or the
president of a court-martial without a military judge shall, in the presence of
the accused and counsel, instruct the members of the court as to the elements of
the offense and charge them--
(1) that the accused must be presumed to be innocent until his guilt is
established by legal and competent evidence beyond reasonable doubt;
(2) that in the case being considered, if there is a reasonable doubt as
to the guilt of the accused, the doubt must be resolved in favor of the accused
and he must be acquitted;
(3) that, if there is reasonable doubt as to the degree of guilt, the
finding must be in a lower degree as to which there is no reasonable doubt; and
(4) that the burden of proof to establish the guilt of the accused beyond
a reasonable doubt is upon the Prosecution.
(d) Subsections (a), (b), and (c) do not apply to a court-martial composed of a military judge only. The military judge of such a court- martial shall determine all questions of law and fact arising during the proceedings, and, if the accused is convicted, prescribe an appropriate sentence. The military judge of such a court-martial shall make a general finding and shall in addition on request find the facts specially. If an opinion or memorandum of decision is field, it will be sufficient if the findings of fact appear therein.
Article 52:
(a)(1)
No person may be sentenced by life imprisonment or to confinement for more than
ten years, except by the concurrence of three-fourths of the members at the time
the vote is taken.
(2) All other sentences shall be determined by the concurrence of two- thirds of the members at the time the vote is taken.
(b) All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote, but a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused sanity, is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.
Article 53:
A court-martial shall announce its findings and sentence to the parties as soon as determined.
Article 54:
(a) Each general court-martial shall deep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of his death, disability, or absence, it shall be authenticated by the signature of the trial counsel or by that of a member if the trial counsel is unable to authenticate it by reason of his death, disability, or absence. In a court-martial consisting of only a military judge the record shall be authenticated by the court reporter under the same conditions which would impose such a duty on a member under the subsection.
(b) Each special and summary court-martial shall keep a separate record of the proceedings in each case, and the record shall be authenticated in the manner required by such regulations as Starfleet Command may prescribe.
(c) (1) A complete record of the proceedings and testimony shall be
prepared--
(A) in each general
court-martial case in which the sentence prescribed includes imprisonment, a
dismissal, a discharge, or (if the sentence prescribed does not include a
discharge) or any other punishment which exceeds that which may otherwise be
prescribed by a special court-martial; and
(B) in each special
court-martial case in which the sentence includes a bad-conduct discharge.
(2) In all other court-martial cases, the record shall contain such matters as may be prescribed by regulations of Starfleet Command
(d) A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is authenticated.
Article 55:
Punishment by flogging, or by branding, marking, or tattooing on the body, or any other cruel or unusual punishment, may not be prescribed by a court-martial or inflicted upon any person subject to this document. The use of irons, single or double, except for the purpose of safe custody, is prohibited.
Article 56:
The punishment which a court-martial may direct for an offense may not exceed such limits as Starfleet Command may prescribe for that offense.
Article 57:
(a) Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is prescribed by the court-martial, but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement.
(b) All other sentences of courts-martial are effective on the date ordered executed.
(c) On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority, or, if the accused is no longer under his jurisdiction, the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned, may in his sole discretion defer service of the sentence to confinement. The deferment shall terminate when the sentence is ordered executed. The deferment may be rescinded at any time by the officer who granted it or, if the accused is no longer under his jurisdiction, by the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned.
Article 58:
(a) Under such instructions as the Secretary of Starfleet may prescribe, a sentence of confinement prescribed by a court-martial or other military tribunal, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of Starfleet or in any penal or correctional institution under the control of the United Federation of Planets, or which the United Federation of Planets may be allowed to use. Persons so confined in a penal or correctional institution not under the control of Starfleet are subject to the same discipline and treatment as persons confined or committed by the courts of the United Federation of Planets, it's Member Worlds, Colonies, Territories, Protectorates, outposts or facilities, or place in which the institution is situated.
(b) The omission of the words "hard labor" from any sentence of a court- martial adjudging confinement does not deprive the authority executing that sentence of the power to require hard labor as a part of the punishment.
Article 58A:
(a) Unless
otherwise provided in regulations to be prescribed by the Secretary concerned, a
court-martial sentence of an enlisted member in pay grade above E-1, as approved
by the convening authority, that includes--
(1) a dishonorable or bad-conduct discharge;
(2) confinement; or
(3) hard labor without confinement;
reduces that member to grade E1, effective on the date of that approval.
(b) If the sentence of a member who is reduced in grade under subsection (a) is set aside or disapproved, or, as finally approved does not include any punishment named in subsection (a)(1), (2), or (3), the rights and privileges of which he was deprived because of that reduction shall be restored to him and he is entitled to the pay and allowances to which he would have been entitled for the period the reduction was in effect, had he not been so reduced.
Article 59:
(a) A finding or sentence of court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.
(b) Any reviewing authority with the power to approve a finding of guilty may uphold the finding or alter the finding to a lesser offense after review of the error.
Article 60:
(a) The findings and sentence of a court-martial shall be reported promptly to the convening authority after the announcement of the sentence.
(b)
(1) the accused may submit
to the convening authority matters for consideration by the convening authority
with respect to the findings and the sentence. Except in a summary
court-martial case, such a submission shall be made within 10 days after the
accused has been given an authenticated record of trial and, if applicable, the
recommendation of the staff judge advocate or legal officer under subsection
(d).
(2)
If the accused shows that additional time is required for the accused to submit
such matters, the convening authority or other person taking action under this
section, for good cause, may extend the applicable period under paragraph (1)
for not more than an additional 20 days.
(3)
In a summary court-martial case, the accused shall be promptly provided a copy
of the record of trial for use in preparing a submission authorized by paragraph
(1).
(4) The accused may waive his right to make a submission to the convening authority under paragraph (1). Such a waiver must be made in writing and may not be revoked. For the purposes of subsection (c)(2), the time within which the accused may make a submission under this subsection shall be deemed to have expired upon the submission of such a waiver to the convening authority.
(c)(1) The authority under this
section to modify the findings and sentence of a court-martial is a matter of
command prerogative involving the sole discretion of the convening authority.
Under regulations of the Secretary concerned, a commissioned officer commanding
for the time being, a successor in command, or any person exercising general
court-martial jurisdiction may act under this section in place of the convening
authority.
(2) Action on
the sentence of a court-martial shall be taken by the convening authority or by
another person authorized to act under this section. Subject to
regulations of the Secretary of Starfleet, such action may be taken only after
consideration of any matters submitted by the accused under subsection (b) or
after the time for submitting such matters expires, whichever is earlier.
The convening authority or other person taking such action, in his sole
discretion, may approve, disapprove, commute, or suspend the sentence in whole
or in part.
(3) Action on
the findings of a court-martial by the convening authority or other person
acting on the sentence is not required. However, such person, in his sole
discretion, may--
(A) dismiss any charge or specification
by setting aside a finding of guilty thereto; or
(B) change a finding of guilty to a charge or specification to a finding
of guilty to an offense that is a lesser included offense of the offense stated
in the charge or specification.
(d) Before acting under this section on any general court-martial case or any special court-martial case that includes a bad-conduct discharge, the convening authority or other person taking action under this section shall obtain and consider the written recommendation of his staff judge advocate or legal officer. The convening authority or other person taking action under this section shall refer the record of trial to his staff judge advocate or legal officer, and the staff judge advocate or legal officer shall use such record in the preparation of his recommendation. The recommendation of the staff judge advocate or legal officer shall include such matters as Starfleet Command may prescribe by regulation and shall be served on the accused, who may submit any matter in response under subsection (b). Failure to object in the response to the recommendation or to any matter attached to the recommendation waives the right to object thereto.
(e)(1) The convening authority
or other person taking action under this section, in his sole discretion, may
order a proceeding in revision or a rehearing.
(2) A
proceeding in revision may be ordered if there is an apparent error or omission
in the record or if the record shows improper or inconsistent action by a
court-martial with respect to the findings or sentence that can be rectified
without material prejudice to the substantial rights of the accused. In no case,
however, may a proceeding in revision--
(A) reconsider a finding of not guilty
of any specification or a ruling which amounts to a finding of not guilty;
(B) reconsider a finding of not guilty of any charge, unless there has
been a finding of guilty under a specification laid under that charge, which
sufficiently alleges a violation of some article of this document; or
(C) increase the severity of some article of the sentence unless the
sentence prescribed for the offense is mandatory.
(3) A rehearing may be ordered by the convening authority or other person taking action under this section if he disapproves the findings and sentence and states the reasons for disapproval of the findings. If such a person disapproves the findings and sentence and does not order a rehearing, he shall dismiss the charges. A rehearing as to the findings may not be ordered where there is a lack of sufficient evidence in the record to support the findings. A rehearing as to the sentence may be ordered if the convening authority or other person taken action under this subsection disapproves the sentence.
Article 61:
(a) In each case subject to appellate review under article 66 or 69(a), except a case in which the sentence as approved under article 60(c) includes death, the accused may file with the convening authority a statement expressly waving the right of the accused to such review. Such a waiver shall be signed by both the accused and by defense counsel and must be filed within 10 days after the action under article 60(c) is served on the accused or on defense counsel. The convening authority or other person taking such action, for good cause, may extend the period for such filing by not more than 30 days.
(b) Except in a case in which the sentence as approved under article 60(c) includes imprisonment, the accused may withdraw an appeal at any time.
(c) A waiver of the right to appellate review or the withdrawal of an appeal under this section bars review under article 66 or 69(a).
Article 62:
(a)(1) In a trial by court-martial in
which a military judge presides and in which a punitive discharge may be
prescribed , the United Federation of Planets may appeal an order or
ruling of the military judge which terminates the proceedings with respect to a
charge or specifications or which excludes evidence that is substantial proof of
a fact material in the proceeding. However, the United Federation of
Planets may not appeal an order or ruling that is, or amounts to, a finding of
not guilty with respect to the charge or specification.
(2) An appeal of an order or ruling may
not be taken unless the trial counsel provides the military judge with written
notice of appeal from the order or ruling within 72 hours of the order or
ruling. Such notice shall include a certification by the Secretary of
Starfleet.
(b) An appeal under this section shall be forwarded by means prescribed under regulations of Starfleet Command directly to a Court of Military Review and shall, whenever practicable, have priority over all other proceedings before that court. In ruling on an appeal under this section, a Court of Military review may act only with respect to matters of law, notwithstanding article 66(c).
(c) Any period of delay resulting from an appeal under this section shall be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was totally frivolous and without merit.
Article 63:
Each rehearing under this document shall take place before a court-martial composed of members not of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which he was found not guilty by the first court-martial, and no sentence in excess of or more than the original sentence may be imposed unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory. If the sentence approved after the first court-martial was in accordance with a pretrial agreement and the accused at the rehearing changes his plea with respect to the charges or specifications upon which the pretrial agreement was based, or otherwise does not comply with pretrial agreement, the sentence as to those charges or specifications may include any punishment not in excess of that lawfully prescribed at the first court-martial.
Article 64:
(a) Each case in which there has been a
finding of guilty that is not reviewed under article 66 or 69(a) shall be
reviewed by a judge advocate under regulations of the Secretary of Starfleet.
A judge advocate may not review a case under this subsection if he has acted in
the same case as an accuser, investigating officer, member of the court,
military judge, or counsel or has otherwise acted on behalf of the prosecution
or defense. The judge advocate's review shall be in writing and shall
contain the following:
(1) Conclusions at to whether--
(A) the court had jurisdiction over
the accused and the offense;
(B) the charge and specification
stated an offense; and
(C) the sentence was within the
limits prescribed as a matter of law.
(2) A response to each allegation of
error made in writing by the accused.
(3) If the case is sent for action under subsection (b), a recommendation
as to the appropriate action to be taken and an opinion as to whether corrective
action is required as a matter of law.
(b) The record of trial and related
documents in each case reviewed under subsection (a) shall be sent for action to
the person exercising general court-martial jurisdiction over the accused at the
time the court was convened (or to that person's successor in command) if--
(1) the judge advocate who reviewed the
case recommends corrective action;
(2) the sentence approved under article 60(c) extends to dismissal, a
bad-conduct or dishonorable discharge, or confinement for more than six months;
or
(3) such action is otherwise required by regulations of the Secretary of
Starfleet.
(c)(1) The person to whom the record of
trial and related documents are sent under subsection (b) may--
(A) disapprove or approve the
findings or sentence, in whole or in part;
(B) remit, commute, or suspend the
sentence in whole or in part;
(C) except where the evidence was
insufficient at the trial to support the findings, order a rehearing on the
findings, on the sentence, or on both; or