Arraignment

The SCM reads and shows the charges and specifications to the accused and, if necessary, explains them to him or her. The accused may waive the reading of the charges. The SCM officer then asks the accused to plead to each charge and specification.

Motions

Before receiving pleas, the SCM officer allows the accused to make motions to dismiss or for any other relief. The SCM officer takes action on behalf of the accused, if requested by the accused, or if it appears necessary in the interest of justice.

Pleas

When a not guilty plea is entered, the SCM officer proceeds to trial. If the accused pleads guilty to any offense, the SCM officer determines the providence of the plea(s). If the SCM officer is in doubt that the accused's plea(s) of guilty are voluntarily and understandingly made, or if at any time during the trial any matter inconsistent with the plea(s) of guilty arises, the SCM officer enters not guilty plea(s) on behalf of the accused. If the accused refuses to plead, the SCM officer enters not guilty plea(s). The accused may change any plea at any time before findings are announced.

Presentation of Evidence

Witnesses for the prosecution are called first and examined under oath. The accused is permitted to cross-examine these witnesses. The SCM officer can aid the accused in the cross-examination process. The witnesses for the accused are then called and examined under oath.

The SCM officer obtains evidence that tends to disprove the accused's guilt or establishes extenuating circumstances.

Findings and Sentence

The SCM officer announces the findings and sentence to the accused in open session. If the sentence includes confinement, the SCM officer advises the accused of the right to apply to the CA for deferment of the service to confinement, If the accused is found guilty, he or she is informed of the right to submit matters to the CA within 7 days.

POSTTRIAL RESPONSIBILITIES OF THE SUMMARY COURT-MARTIAL OFFICER

After the SCM officer deliberates and announces findings and, where appropriate, the sentence, he or she then must fulfill certain posttrial duties. The nature and extent of these posttrial responsibilities depend upon whether the accused was found guilty or innocent of the offenses charged.

Accused acquitted on all charges-In cases in which the accused has been found not guilty as to all charges and specifications, the SCM officer must do the following:

l Announce the findings to the accused in open session.

l Inform the CA as soon as possible of the findings.

l Prepare the original and at least two copies of the record of trial. A completed SCM record of trial is shown in figure 7-2.

l Serve one copy of the record of trial upon the accused and secure the accused's receipt for it.

l Send the original and one copy of the record of trial to the CA for action.

Accused convicted on some or all of the charges-In cases in which the accused has been found guilty of one or more of the charges and specifications, the SCM officer must do the following: . Announce the findings and sentence to the accused in open session. l Advise the accused of the appellate rights under R.C.M. 1306. @ If the sentence includes confinement, inform the accused of his or her right to apply to the CA for deferment of confinement. 

. Inform the CA of the results of trial as soon as possible. This includes the findings, sentence, and recommendations for suspension of the sentence and any deferment request. 

. Prepare the record of trial.

. Cause one copy of the record of trial to be served upon the accused and secure the accused's receipt. 

. Send the original and one copy of the record of trial to the CA for action.

The SCM officer authenticates the record of trial by signing each copy. The CA's action and the review procedures for SCM are discussed in the next chapter.

THE SPECIAL COURTS-MARTIAL

The SPCM is the intermediate level court-martial created by the UCMJ. The maximum penalties that an accused may receive at an SPCM are generally greater than those of an SCM, but less than those of a GCM. The rights of an accused at an SPCM are also generally greater than the rights at an SCM but less than the rights at a GCM. The SPCM is a court consisting of at least three members, trial and defense counsels, and a military judge. The maximum imposable punishment at an SPCM extends to a bad-conduct discharge (BCD), 6 months' confinement, forfeiture of twothirds pay per month for 6 months, and reduction to paygrade E-1. This chapter will discuss in detail the SPCM and the mechanics of its operation.