Court-Martial Member's Question Form

During a member's trial, there maybe times when the member needs to ask questions of a witness or the accused. If this procedure happens, the member must reduce his or her questions to writing and the writing is then inserted into the record of trial as an appellate exhibit. To make this procedure easier for the member and more uniform for the record of trial, a sample member question form is shown in figure 6-21. Prepare enough of these forms in advance and place them on the member's table for easy retrieval.

PRETRIAL PROCEDURES

Other than paper work, there are other pretrial procedures that must be dealt with before the trial of an accused. One situation is the pretrial restraint of the accused and another is evidence.

PRETRIAL RESTRAINT

Immediately upon receipt of the charges or information about a suspected offense, the proper authority must determine the type of restraint, or if restraint is considered necessary. Pretrial restraint usually consists of either restriction to certain specified ^{limits or confinement.} Counsel is provided, if requested, to an accused in pretrial confinement before the initial review of the confinement; however, the accused has no right to an individual military counsel.

Figure 6-19.-Sentence worksheet. 6-30

Figure 6-19.-Sentence worksheet-Continued.

Conditions on Liberty

Conditions on liberty are imposed by orders directing a person to do or refrain from doing specified acts. Conditions may be imposed in conjunction with other forms of restraint or separately.

Arrest

Arrest is the restraint of a person by oral or written order, not imposed as punishment, directing the person to remain within specified limits. A person in the status of arrest may not be required to perform full military duties such as commanding or supervising personnel, serving as guard, or bearing arms. The status of arrest automatically ends when the person is placed, by the authority who ordered the arrest or a superior authority, on duty inconsistent with the status of arrest, but this does not prevent the person arrested from doing ordinary cleaning or policing, or taking part in routine training and duties.

The two most common types of pretrial restraint used in the naval service are restriction in lieu of arrest and confinement (pretrial restriction and pretrial confinement). We will now discuss these and what rights are given to an accused placed under either of these types of restraint.

Pretrial Restriction (Restriction in Lieu of Arrest)

Pretrial restriction or restriction is the restraint of a person by oral or written orders directing the person to \ \\ _. \

Figure 6-20.-Seating chart.

Figure 6-21.-Form for member's questions.

remain within specified limits. A restricted person must, unless otherwise directed, perform full military duties. Restriction is a less severe restraint on liberty than arrest. Arrest includes a suspension from performing full military duties and the limits of arrest are normally narrower than those of restriction. The actual nature of the restraint imposed, and not the characterization of it by the officer imposing it, determines whether it is technically an arrest or restriction. Restriction is the most commonly used type of pretrial restraint when confinement is deemed necessary and is usually issued by written order.

Rule 304 of the MCM, 1984, requires that when a person is placed under restraint, he or she must be informed of the nature of the offense that is the basis for such restraint. The MCM further states that pretrial restraint is not punishment and must not be used as such. A person restrained pending trial may not be punished for the offense that is the basis for the restraint.

Pretrial restriction ends when the CO deems it appropriate to terminate the restriction, upon direct orders to do so by higher authority or when a sentence is adjudged, the accused is acquitted, or all charges are dismissed.