Ill. Admin. Code tit. 95, § 400.525 – Action by Commander Exercising General Court-Martial Jurisdiction | Midpage
§ 400.525
Ill. Admin. Code tit. 95, § 400.525
Action by Commander Exercising General Court-Martial Jurisdiction
AUTHORITY: Implementing and authorized by the Illinois Code of Military Justice [20 ILCS 1807].DEPARTMENT OF MILITARY AFFAIRS
a) Disposition. When in receipt of charges, a commander exercising general court-martial jurisdiction may:
1) Dismiss any charges;
2) Forward charges (or, after dismissing charges, the matter) to a subordinate commander for disposition;
3) Forward any charges to a superior commander for disposition;
4) Refer charges to a summary court-martial;
5) Unless otherwise directed by competent authority, direct a pretrial investigation pursuant to Section 400.510, after which additional action under this Section may be taken; or
6) Refer charges to a special or general court-martial.
b) National Security Matters. When in receipt of charges the trial of which the commander exercising general court-martial jurisdiction finds would probably be inimical to the prosecution of war or harmful to national security, that commander, unless otherwise directed by competent authority, shall determine whether trial is warranted. If trial is warranted, he or she shall determine whether the security considerations involved would override going to trial. As the commander finds appropriate, the commander may dismiss the charges, authorize trial of them, or forward them to superior authority.