§ 12-64-707 - Rehearings. - Arkansas Statutes

12-64-707. Rehearings.

(a) (1) If the convening authority disapproves the findings and sentence of a court-martial he may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing.

(2) In such a case he shall state the reasons for disapproval.

(3) If he disapproves the findings and sentence and does not order a rehearing, he shall dismiss the charges.

(b) (1) Each rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case.

(2) 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 severe 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.