Ill. Admin. Code tit. 95, § 400.545 – Withdrawal of Charges | Midpage
§ 400.545
Ill. Admin. Code tit. 95, § 400.545
Withdrawal of Charges
AUTHORITY: Implementing and authorized by the Illinois Code of Military Justice [20 ILCS 1807].DEPARTMENT OF MILITARY AFFAIRS
a) Withdrawal. The convening authority or superior competent authority may, for any reason, cause any charges or specifications to be withdrawn from a court-martial at any time before findings are announced.
b) Referral of Withdrawn Charges. Charges that have been withdrawn from a court-martial may be referred to another court-martial unless the withdrawal was for an improper reason (see RCM 604(b) (Discussion)). Charges withdrawn after the introduction of evidence on the general issue of guilt may be referred to another court-martial only if the withdrawal was necessitated by urgent and unforeseen military necessity.