Illinois Administrative Code
Title 95 - VETERANS AND MILITARY AFFAIRS
Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT
Subpart E - PRETRIAL PROCEDURES
Section 400.530 - Referral of Charges
Current through Register Vol. 48, No. 12, March 22, 2024
a) General. Referral is the order of a convening authority that charges against an accused will be tried by a specified court-martial.
b) Any convening authority may refer charges to a court-martial convened by that convening authority or a predecessor unless the power to do so has been withheld by superior competent authority.
c) An accuser may not refer charges to a general or special court-martial.
d) Basis for Referral. If the convening authority finds or is advised by a judge advocate that there are reasonable grounds to believe that an offense triable by a court-martial has been committed, the accused committed that offense, and the specification alleges an offense, the convening authority may refer it. The finding may be based on hearsay in whole or in part. The convening authority or judge advocate may consider information from any source and shall not be limited to the information reviewed by any previous authority, but a case may not be referred to a general court-martial except in compliance with subsection (e). The convening authority or judge advocate shall not be required, before charges are referred, to resolve legal issues, including objections to evidence, that may arise at trial.
e) General and Special Courts-Martial (see Code Section 34(a)). The convening authority may not refer a specification under a charge to a general or special court-martial unless:
f) How Charges Shall be Referred
g) Superior Convening Authorities. Except as otherwise provided in this Section, a superior convening authority may cause charges, whether or not referred, to be transmitted to the convening authority for further consideration, including, if appropriate, referral.