, 35790-35791 [X15-80622]

Download as PDF 35790 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents (4) Others. The convening authority who directed the preliminary hearing may also, as a matter of discretion, detail or request an appropriate authority to detail: (A) A r:.eporter; and (B) An interpreter. (e) Scope ofpreliminary hearing. (1) The preliminary heru.ing officer shall limit the inquiry to the examination of evidence, including witnesses, necessary to: (A) Determine whether there is probable cause to believe an offense or offenses have been committed and whether the accused committed it; (B) Determine whether a court-martial would have jurisdiction over the offense(s) and the accused; (C) Consider whether the form of the charge(s) is proper; and (D) Make a recommendation as to the disposition of the charge(s). (2) If evidence adduced during the preliminary hearing indicates that the accused committed any uncharged offense(s), the preliminary hearing officer may examine evidence and hear witnesses relating to the subject matter of such offense(s) and make the findings and recommendations enumerated i.n subsection (e)(l) of this rule regarding such offense(s) without the accused first having been charged with the offense. The accused's rights under subsection (f)(2) of this rule, and, where it would not cause undue delay to the proceedings, subsection (g) of this rule, are the same with regard to both charged and uncharged offenses. When considering uncharged offenses identified during the preliminary hearing, the preliminary hearing officer VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00010 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.030</GPH> tkelley on DSK3SPTVN1PROD with E0 shall inform the accused of the general nature of each uncharged offense considered, and Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents 35791 otherwise afford the accused the same opportunity for representation, cross examination, and presentation afforded during the preliminary hearing of any charged offense. (f) Rights of the accused. (1) Prior to any preliminary hearing under this rule the accused shall have the right to: (A) Notice of any witnesses that the government intends to call at the prelimimrry hearing and copies of or access to any written or recorded statements made by those witnesses that relate to the subject matter of any charged offense; (i) For purposes of this rule, a "written statement" is one that is signed or otherwise adopted or approved by the witness that is within the possession or control of counsel for the government; and (ii) For purposes of this rule, a "recorded statement" is an oral statement made by the witness that is recorded contemporaneously with the making of the oral statement and contained in a digital or other recording or a transcription thereof that is within the possession or control of counsel for the government. (B) Notice of, and reasonable access to, any other evidence that the government intends to offer at the preliminary hearing; and (C) Notice of, and reasonable access to, evidence that is within the possession or control of counsel for the government that negates or reduces the degree of guilt of the accused for an offense charged. (2) At any preliminary' hearing under this rule the accused shall have the right to: (A) Be advised of the charges under consideration; (B) Be represented by counsel; VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00011 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.031</GPH> tkelley on DSK3SPTVN1PROD with E0 (C) Be informed of the purpose of the preliminary hearing;

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[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Presidential Documents]
[Pages 35790-35791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X15-80622]


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