Court Martial Standard Operating Procedure: различия между версиями
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* Both lower ranking members of the court should vote. The presiding officer should vote last, so as to act as a tie-breaker. | * Both lower ranking members of the court should vote. The presiding officer should vote last, so as to act as a tie-breaker. | ||
* The presiding officer should sentence or absolve the accused. The presiding officer should decide on the punishment, in line with the law. | * The presiding officer should sentence or absolve the accused. The presiding officer should decide on the punishment, in line with the law. | ||
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Текущая версия от 16:57, 26 апреля 2023
Field Court-Martial
The Commanding Officer, and only the Commanding Officer, can authorize a Field Court-Martial in order to try members of the Defence Forces or other SCG citizens who are subject to the SCUJ for SCUJ Offenses or High Crimes. Other Line Officers are not able to call a Field Court-Martial at any time, for any reason.
Individuals sitting before a court martial must understand their rights and the following procedures.
Purpose: To try eligible personnel for violations of the SCUJ or SCG Law. Punishments range from imprisonment within the SCG penal system to execution as seen fit by the Field Court-Martial. The extent of these punishments can be found here: Sol Central Government Law.
Process
Failure to follow this process will result in the court martial being invalid. No punishment should be carried out from an invalid court martial.
Throughout, the court martial should be recorded, preferably by the SCGR. Anyone who interrupts the process should be removed from the court martial.
The court martial should be held in the disciplinary board room on the bridge deck.
The following persons are authorized to attend a court martial: The Commanding Officer and two other officers sitting on the court. The SCGR. The security representative presenting the case. Any Masters At Arms who are guarding the court martial accused.
- The Court Martial is formed. This consists of the Commanding Officer and two others of officer rank (O-1 and above).
- Once the court is formed the court martial may convene and the person facing the court will be summoned. The presiding officer (The CO) will introduce the court martial, the charge against the accused, and the available sentences.
- The case will be brought before the court. The facts of the case are presented by a member of the vessels security department (This being the Forensic Technician, Chief of Security, the Brig Chief or a Master at Arms, in that order of availability). This should include all witness statements and forensic evidence.
- The court will ask the investigator questions.
- The accused may give their own statement. The court may ask the accused questions once they are done.
- The Court exits the room and discusses the case. Once discussion is completed, the court should return to the room.
- Both lower ranking members of the court should vote. The presiding officer should vote last, so as to act as a tie-breaker.
- The presiding officer should sentence or absolve the accused. The presiding officer should decide on the punishment, in line with the law.
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