Section 32.1034 - Convening authority to refer charge to state judge advocate for consideration and advice before trial; referring charge to general court-martial for trial; formal corrections and cha - Michigan Statutes

MICHIGAN CODE OF MILITARY JUSTICE OF 1980 (EXCERPT)
Act 523 of 1980

32.1034 Convening authority to refer charge to state judge advocate for consideration and advice before trial; referring charge to general court-martial for trial; formal corrections and changes in charges and specifications.

Sec. 34.

(1) Before directing the trial of a charge by a general court-martial, the convening authority shall refer the charge to the state judge advocate for consideration and advice. The convening authority shall not refer a charge to a general court-martial for trial unless the convening authority has found that the charge alleges an offense under this code and is warranted by evidence 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 the changes in the charges and specifications as are needed to make them conform to the evidence may be made.

History: 1980, Act 523, Eff. Mar. 31, 1981