39-6-27 - Review of charge by SJA -- Corrections to charges.
39-6-27. Review of charge by SJA -- Corrections to charges.
(1) (a) Before directing the trial of any charge by a military court, the conveningauthority shall refer it to the SJA for consideration and advice.
(b) The convening authority may not refer a charge to a military court for trial unless heor she has found that the charge alleges an offense under this chapter and is warranted bysufficient evidence, as indicated in the report of the investigation.
(2) If the charges or specifications are not formally correct or do not conform to thesubstance of the evidence contained in the report of the investigating officer, formal correctionsand changes in the charges and specifications as necessary may be made to conform to theevidence.
Amended by Chapter 287, 2008 General Session