Preferral Script

SCRIPT / CHECKLIST FOR PREFERRAL OF UCMJ CHARGES

(Parties present at beginning – JAG, commander, First Sergeant. Supervisor, section commander, DO, others attend at commander’s discretion).

_____ Go over case evidence with commander.

_____ Explain commanders options (from doing nothing up to preferral of charges).

_____ Make recommendation (i.e. to prefer charges, if you are using this checklist).

_____ Explain what happens next (i.e. how the case will get to trial).


SCRIPT / CHECKLIST FOR PREFERRAL OF UCMJ CHARGES

(Parties present at beginning – JAG, commander, First Sergeant. Supervisor, section commander, DO, others attend at commander’s discretion).

_____ Go over case evidence with commander.

_____ Explain commanders options (from doing nothing up to preferral of charges).

_____ Make recommendation (i.e. to prefer charges, if you are using this checklist).

_____ Explain what happens next (i.e. how the case will get to trial).

_____ Advise commander to not ask Accused any questions during the preferral process (e.g., Do you understand why I have to do this?)

_____ Answer any questions commander has.

_____ Ask the commander the following questions (RCM 307(b)):

1. Do you have personal knowledge of these charges or have you investigated these matters by way of being briefed or having read the relevant reports? (If not, then brief CC and repeat question)
2. Is it your intention to prefer the charges on the charge sheet against the accused?
3. Are you doing this of your independent will?
4. Has anyone coerced you to do this?
5. Has anyone ordered you to do this?

_____ Administer the following oath to the commander:

DO YOU SWEAR THAT YOU ARE A PERSON SUBJECT TO THE UNIFORM CODE OF MILITARY JUSTICE, THAT YOU HAVE PERSONAL KNOWLEDGE OF, OR HAVE INVESTIGATED THE MATTERS SET FORTH IN THE FOREGOING CHARGE(S) AND SPECIFICATION(S), AND THAT THE SAME ARE TRUE IN FACT TO THE BEST OF YOUR KNOWLEDGE AND BELIEF, SO HELP YOU GOD?

_____ Have commander sign block 11.d. of the charge sheet. (This is the preferral).

_____ JAG who administered oath signs affidavit at bottom of charge sheet.

_____ Commander signs first indorsement.

_____ Commander signs memorandum delegating authority to order post-trial confinement to the trial counsel.

_____ Accused reports in.

_____ Commander reads charge(s) to Accused.

_____ Accused is excused, but remains outside.

_____ Commander signs block 12 of the charge sheet. (Documenting that he has notified Accused of the charges.)

_____ First Sergeant takes charge sheet, first indorsement, confinement delegation memo, and recoupment statement and meets with Accused.

_____ First Sergeant has Accused sign recoupment statement.

_____ First Sergeant makes copy of charge sheet, first indorsement, confinement delegation memo, and recoupment statement, and provides copies to Accused. Commander may retain copy for records. Originals returned to JAG.

_____ JAG returns to legal office with original documents; provides them to case paralegal.

_____ Case paralegal has SJA receipt for charges.

_____ Continue case processing: Article 32 for GCMS, referral for SpCMs.

Prepared by twp
Last updated 28 Jan 2004