SASR Uniform Code of Military Justice
SASR UNIFORM CODE OF MILITARY JUSTICE
Office of the Supreme Leader
April 27, 2020 17:40 hours
Written by: Office of the Supreme Leader
Intended recipient: All SASR personnel
TABLE OF CONTENTS
SECTION 1 — SETTING UP A PROPER COURT MARTIAL SYSTEM
SECTION 2 — CHARGES AND SPECIFICATIONS OF TRIAL
SECTION 3 — SENTENCING
SECTION 4 — COURT OF APPEALS
SECTION 5 — COURT OF INJURY
SECTION 6 — RETIREMENT
SECTION 7 — UCMJ REFERRAL
SECTION 1: SETTING UP A PROPER COURT MARTIAL SYSTEM (S1)
❏ SEC. 1. ART. 1. PERSONS SUBJECT TO THIS CHAPTER (S1-A1
❏ (a) The following persons are subject to this chapter:
❏ (1) Members of the SASR, including those awaiting discharge.
❏ (2) Any person who has been subject to military authority or control.
❏ (3) Any person arrested on military property, land, base, belonging, or commits damage to military property.
❏ SEC. 1. ART. 2. DISMISSED OFFICER’S RIGHT TO TRIAL BY COURT-MARTIAL
(S1-A2)
❏ (a) If any commissioned officer, that has been dismissed, makes a written application for trial by court-martial setting forth under oath, that he has been wrongfully dismissed, the proper authority shall convene an appeal hearing for that officer.
❏ SEC. 1. ART. 3. JUDGE ADVOCATES, LEGAL OFFICERS AND PARALEGALS (S1-A3)
❏ (a) The assignment for duty of judge advocates, legal officers, and paralegals of Australia shall be made upon the recommendation of the Judge Advocate General.
❏ (b) Convening authorities shall at all times communicate with the Judge Advocate General in matters relating to the administration of military justice.
❏ © No Judge Advocates that is part of a case may be part of that case again if it is being reviewed again.
❏ (d) Every plaintiff and defendant must be represented by a Legal Specialist in Court during a hearing or trial.
❏ SEC. 1. ART 4. THE FITNESS OF JUDGE ADVOCATES, LEGAL OFFICERS AND
PARALEGALS. (S1-A4)
❏ (a) The Field Marshal, and Judge Advocate General is able to replace, remove, or demote any member of the Judge Advocate General Corps that he/she believes is completely unfit for their job.
❏ SEC. 1. ART. 5. APPREHENSION (S1-A5)
❏ (a) Apprehension is the action of taking a person into custody.
❏ (b) Any person authorized under regulations governing the AUS. Military Police Forces to apprehend persons subject to this chapter or to trial thereunder may do so upon reasonable belief that an offense has been committed and that the person apprehended committed it.
❏ © Any person apprehended, must be given arrest rights at the time of apprehension.
❏ (d) Other apprehension may be taken if an arrest warrant is valid.
❏ SEC. 1. ART. 6. IMPOSITION OF RESTRAINT (S1-A6)
❏ (a) Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing him to remain within certain specified limits. Confinement is the physical restraint of a person.
❏ (b) A member may be ordered into arrest or confinement by a member of Military Police or through an arrest warrant by a Judge Advocate.
❏ (1) Confinement by an arrest warrant follows the following guidelines:
❏ (A) Minor violation: 2 minutes
❏ (B) Moderate violation: 5 minutes
❏ © Major violation: 10 minutes
❏ (D) Capital violation: Ban
❏ (E) Special Court Martial: 5 minutes
❏ (a) After the Preliminary Hearing concludes that a Trial is necessary.
❏ (F) General Court Martial: 10 minutes
❏ (a) After the Preliminary Hearing concludes that a Trial is necessary.
❏ © No person may be ordered into arrest or confinement except for probable cause or warrant.
❏ (d) Nothing in this article limits the authority of person(s) authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.
❏ (e) If someone leaves their apprehension without good cause, they are to be demoted to OR-1.
❏ SEC. 1. ART. 7 PUNISHMENT PROHIBITED BEFORE TRIAL (S1-A7)
❏ (a) No person, while being held for trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him, but he/she may be subjected to minor punishment during that period for infractions of discipline.
❏ SEC. 1. ART. 8. COURT-MARTIAL CLASSIFICATION (S1-A8)
❏ (a) The three kinds of courts-martial in each of the armed forces are —
❏ (1) general courts-martial, consisting of —
❏ (A) A Judge Advocate, Defense Counsel (Legal Specialist and Defendant), Trial Counsel (Prosecutor) and Jury (NOT less than five commissioned officers/enlistees)
❏ (2) special courts-martial, consisting of —
❏ (A) A Judge Advocate, Defense Counsel (Legal Specialists, and Defendant), Trial Counsel (Prosecutor), and Jury (NOT less than 3 commissioned officers/enlistees).
❏ (3) Summary courts-martial, consisting of —
❏ (A ) A Judge Advocate, A Defense Counsel (Legal Specialists, and Defendant), and a Trial Counsel (Prosecutor).
❏ SEC. 1. ART. 9. JURISDICTION OF COURTS-MARTIAL IN GENERAL (S1-A9)
❏ (a) The Judge Advocate General has court-martial jurisdiction over all court martials, and legal personnel subject to this chapter.
❏ SEC. 1. ART. 10. JURISDICTION OF COURT-MARTIAL JUDGE ADVOCATE (S1-A10)
❏ (a) The Judge Advocate has the right to sustain (to support) or overrule (to demolish) any objection of any attorney present during the case.
❏ (b) The Judge Advocate has the right to hold any Attorney active in the case to “Contempt of Court” and dismiss them from the case.
❏ SEC. 1. ART. 11. WHO MAY REPORT CRIMES FOR COURT MARTIAL (S1-A11)
❏ Any Military Personnel at or over the paygrade of OR-1
❏ SEC. 1. ART. 12. DETAIL OF TRIAL COUNSEL AND DEFENSE COUNSEL (S1-A12)
❏ (a) Trial counsel and defense counsel shall be detailed before a hearing or trial occurs.
❏ SEC. 1. ART. 13. ABSENT AND ADDITIONAL MEMBERS (S1-A13)
❏ (a) No member of a general or special court-martial may be absent or excused after the court has been assembled for the trial of the accused unless excused as a result of challenge, excused by the military judge for physical disability or other good cause, or excused by order of the convening authority for good cause.
❏ (b) The assigned Judge Advocate of the given case may NOT be substituted or changed without the permission of the Judge Advocate General.
❏ © In the event that the accused/defendant is absent, he/she may be charged with “failure to appear” and/or represented by counsel alone.
❏ (1) However, if the accused is called upon for testimony and is absent, he/she may be charged with “failure to appear”.
❏ (2) If the prosecutor’s Legal Specialist fails to appear, charges will be dropped and the Legal Specialist will be charged with “failure to appear”.
❏ (3) If the defendant’s Legal Specialist fails to appear, the defendant will be guilty and the trial will turn into a sentencing hearing. Additionally, the Legal Specialist will be charged with “failure to appear”.
❏ SEC. 1. ART. 14. TRIAL DATE (S1-A14)
❏ (a) After a full investigation has been completed and findings have been brought to the rightful location, the prosecutor has twenty-four (24) hours to prepare for a preliminary hearing conducted by the Court of Inquiry. After the twenty-four (24) hours is over, the preliminary hearing may take place at any reasonable time.
❏ SEC. 1. ART. 15. COMMANDS/CORPS TRANSFERS (S1-A15)
❏ (a) Anyone wishing to transfer command/corps MUST wait a minimum of 1 week. After one week, s/he MUST submit a written discharge request.
❏ (i) The individual transferring may wait less than 1 week if approved by the Command/Corps Commanding General.
❏ (b) The request MUST be approved and ONLY approved by a Commanding Officer, Executive Officer, Commanding General, or Deputy Commanding General.
❏ © Personnel undergoing temporary punishment such as temporary demotion or loss of command are to remain in the command/corp that they were sentenced in.
❏ (d) Personnel who do not comply to this article are to be charged with Desertion and demoted to OR-1.
❏ (e) Personnel that transfer command/corp are to be demoted to OR-2 for enlisted personnel or OF-1 for officers.
❏ (f) Any dishonorable discharges or blacklists result in a demotion to OR-1 for enlisted personnel or OR-5 for Officers.
❏ SEC. 1. ART. 16. Joint Chiefs Trials (S1-A16)
❏ (a) In the case of a court martial including of a member of the Joint Chiefs of Staff, the court martial will be presided over by the Judge Advocate General.
❏ (1) In the event of the leave or situation where the Judge Advocate General is unable to attend, the Deputy Judge Advocate General, or the Inspector General may serve the duty.
❏ SEC. 1. ART. 17 Commanding Generals Trials (S1-A17)
❏ (a) In the case of a court martial including a Commanding General, the court martial will be presided over by the Judge Advocate General.
❏ (1) In the event of the leave or situation where the Judge Advocate General is unable to attend, the
Deputy Judge Advocate General, or the Inspector General may serve the duty.
❏ SECTION 2: CHARGES AND SPECIFICATIONS OF TRIAL (S2)
❏ SEC. 2. ART. 1. CHARGES AND SPECIFICATIONS (S2-A1)
❏ (a) Charges and specifications shall be signed into action by the Provost Marshal General.
❏ (1) Warrants must be signed by an AJAG+ in order to investigate personal information, such as: finance, direct messages, audit logs, etc.
❏ SEC. 2. ART. 2. CHARGES AND SPECIFICATION (S2-A2)
❏ See S7-A2 for the referral of charges. Type of Crime is classified as Minor [MIN], Moderate
[MOD], Major [MAJ], Capital [CAP] and Capital with possibility of permanent BAN
[CPB]. See S3-A1.
❏ Article A- Malpractice of administrative privileges/ Admin Abuse [MIN] — [CPB]
❏ Article B- Exploitation [CPB]
❏ Article C- Accessory after the fact [MIN] — [CAP]
❏ Article D- Conspiracy [MOD] — [CPB]
❏ Article E- Solicitation [MIN] — [MOD]
❏ Article F — Treason [CPB]
❏ Article G — Fraudulent enlistment, appointment, or separation [MOD] — [MAJ]
❏ Article H — Affecting unlawful enlistment, appointment, or separation [MOD] -
[MAJ]
❏ Article I — Desertion [MOD] — [MAJ]
❏ Article J — Absence without official leave (AWOL) [MIN] — [MOD]
❏ Article K — Resistance, flight, breach of arrest, and escape [MAJ]
❏ Article L — Contempt toward officials [MOD]
❏ Article M — Disrespect toward a superior commissioned officer [MIN] — [MAJ]
❏ Article N — Assaulting or willfully disobeying a superior commissioned officer or
Legal Official [MOD] — [MAJ]
❏ Article O — Failure to obey order, procedure, or regulation [MIN] — [MOD]
❏ Article P — Cruelty and maltreatment [MIN] — [MOD]
❏ Article Q — Mutiny and sedition [MAJ] — [CPB]
❏ Article R — Releasing prisoner without proper authority [MOD]
❏ Article S — Unlawful detention [MOD]
❏ Article T — Violation of Rules of Engagement [MOD] — [MAJ]
❏ Article U — Misbehavior before the enemy [MOD]
❏ Article V — Subordinate compelling surrender [MOD] — [MAJ]
❏ Article W — Improper use of countersign [MIN] — [MOD]
❏ Article X- Abuse of Law Enforcement Privileges [MIN] — [MAJ]
❏ Article Y — Abuse of Rank Privileges [MOD] — [CPB]
❏ Article Z — Aiding the enemy [CPB]
❏ Article AA-1 — Misconduct as a prisoner [MIN] — [MOD]
❏ Article AA-2 — Misconduct on base [MIN] — [MOD]
❏ Article AA-3 — Misconduct in court [MOD] — [MAJ]
❏ Article AB-1 — Spies [CPB]
❏ Article AB-2 — Espionage [CPB]
❏ Article AC-1 — False official statements / evidence [MAJ]
❏ Article AC-2 — Slander [MOD] — [CAP]
❏ Article AD — Wrongful Use of U.S. Military property [MOD] — [MAJ]
❏ Article AE — Neglecting of Duties [MIN] — [MOD]
❏ Article AF — Dueling [MIN] — [MAJ] (This law doesn’t apply during a
training/tryout)
❏ Article AG — Malingering [MIN] — [MOD]
❏ Article AH — Rioting against Australia [MOD] — [CPB]
❏ Article AI — Provoking speeches or gestures [MOD]
❏ Article AJ — Murder [MIN] — [MAJ]
❏ Article AK — Manslaughter [MIN] — [MAJ]
❏ Article AL — Stalking [MIN]
❏ Article AM — Fraud [MOD] — [MAJ]
❏ Article AN — Robbery [MOD] — [MAJ]
❏ Article AO-1 — Forgery [MAJ]
❏ Article AO-2 — Selling Military Property, Models, or Items to outside Militaries and enemies. [CAP]
❏ Article AP — Threats [MOD] — [MAJ]
❏ Article AQ — False Arrest [MOD] — [MAJ]
❏ Article AR — Wearing unauthorized insignia, uniform, decoration, ribbon, or device. [MIN] — [MOD]
❏ Article AS — Extortion [MOD] — [MAJ]
❏ Article AT — Hacking [CPB]
❏ Article AU — Attempted Murder [MIN] — [MOD]
❏ Article AV — Trespassing [MIN] — [MOD]
❏ Article AW — Stolen Valor [MOD] — [CAP]
❏ Article AX — Impersonation [MOD] — [CPB]
❏ Article AY — Carrying illegal firearms [MOD] — [MAJ]
❏ Article AZ — Creating False Doctrine [MOD] — [MAJ]
❏ SEC. 2. ART. 3. RIGHTS OF THE ACCUSED (S2-A3)
❏ (a) The accused has the right to be represented in his/her defense before a general or special court-martial.
❏ (1) The accused may be represented —
❏ (A) by a Legal Specialist belonging to the AUS Military Judge Advocate General Corps
❏ (b) The accused has the right to deny answering any questions without his representative(s) present.
❏ © Speedy trial
❏ (d) Trial by jury
❏ SEC. 2. ART. 4. DUTIES OF THE JURY (S2-A4)
❏ (a) The jury must obtain an impartial and unanimous vote of GUILTY or NOT GUILTY to each charge and specification of the accused .
❏ (b) The jury is made of up to 10 Military personnel of any commands/corps between the pay-grades of OR-2 and OF-10. Excluding SASR High Command
❏ © If the Jury does not make or agree to a unanimous decision, a mistrial will be declared and Jurors will be replaced and a new trial take place at a different time.
❏ SEC. 2. ART. 5. BILL OF ATTAINDER (S2-A5)
❏ (a) In the event that the accused is either:
❏ (1) Unresponsive and will not come to trial, or
❏ (2) Is accused of Hacking or exploiting
❏ (a) A Bill of Attainder MAY be put into place to protect court members or to settle the case without the accused because of unresponsiveness.
❏ (b) The Bill of Attainder option is a LAST RESORT, and is only to be used when
there is no other option.
❏ SEC. 2. ART 6. OATHS (S2-A6)
❏ (a) Before performing their respective duties, members within the Judge Advocate General Corps(Legal Specialists+) shall take an Oath of Office.
❏ The Oath of Office for Judge Advocate General/Deputy Judge Advocate General/Assistant Judge Advocate General:
❏ “I,(username), do solemnly swear(or affirm), that I will faithfully fulfill/execute my duties as Assistant/ Deputy/Judge Advocate General without any prejudice, support and enforce the UCMJ to the best of my knowledge, and faithfully administer justice. So help me God.”
❏ The Oath of Office for Judge Advocates:
❏ “I, (username), do solemnly swear(or affirm), that I will faithfully administer justice, and fulfill/execute my duties as Judge Advocates without any prejudice,support and enforce the UCMJ to the best of my knowledge. So help me God.”
❏ The Oath of Office for Legal Specialists:
❏ “I, (username), do solemnly swear(or affirm), that I will faithfully fulfill/execute my duties as Legal Officers, represent my clients without prejudice, support and enforce the UCMJ to the best of my knowledge. So help me God.”
❏ (b) Each witness before a court-martial shall be examined on oath:
❏ “Do you (username), solemnly swear (or affirm) to tell the truth, whole truth, and nothing but the truth so help you God.
❏ SEC. 2. ART 7. FORMER JEOPARDY (S2-A7)/
❏ (a) No person may, without his consent, be tried a second time for the same offense.
❏ (b) No proceeding in which the accused has been found guilty by court- martial upon any charge or specification is a trial in the sense of this article until the finding of guilty has become final after review of the case has been fully completed.
❏ © A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this article.
❏ SEC. 2. ART 8. INFORMATION AND COMMUNICATIONS (S2-A8)
❏ (a) Information about evidence, witnesses, and any other sensitive material may NOT be given out to anyone outside of the U.S. Judge Advocate General’s Corps before the Court Martial UNLESS the party is involved in the case.
❏ SEC. 2. ART 9. DROPPING CASES (S2-A9)
❏ (a) Any case that has an investigation’s findings worthy of Court Martial CANNOT be dropped without evidence being found false, incomprehensive, or circumstantial.
❏ (b) No cases may be dropped at the request of the Victim or Plaintiff.
❏ SEC. 2. ART 10. DROPPING CHARGES (S2-A10)
❏ (a) The defense is allowed to motion any filed charges to be dropped during preliminary hearings.
❏ (1) The panel may declined/approved such motions.
❏ SECTION 3: SENTENCING (S3)
❏ SEC. 3. ART 1. SENTENCING (S3-A1)
❏ (a) Only the judge advocate can sentence the accused.
❏ (1) The Prosecution may make recommendation to sentencing and should be agreed upon by the presiding judge.
❏ (b) The presiding judge can only sentence the accused if the accused is found guilty.
❏ SEC. 3 ART. 2. GUIDELINES FOR SENTENCING (S3-A2)
❏ (a) Charges are referred to by their Article Letter. Type of Crime is classified as Minor [MIN], Moderate [MOD], Major [MAJ], Capital [C]. Listed Below are possible punishments based on Crime Classifications.
❏ (a) Minor Crimes* [MIN]:
❏ (1) Commanding Officer’s Decision
❏ (b) Moderate Crimes **** [MOD]:
❏ (1) Temporary Loss of Rank
❏ (2) Loss of Command
❏ © Major Crimes **** [MAJ]:
❏ (1) Permanent Loss of Rank
❏ (2) Dishonorably discharged from SASR.
❏ (d) Capital Crimes **** [C]
❏ (1) Permanent Ban From SASR.
❏ SEC. 3 ART. 3. SPECIFIC SENTENCES DEFINED (S3-A3)
❏ (a) Notes on Minor Crimes:
❏ (1) Commanding Officer’s Decision for punishment may include but is not limited
to: Suspension, Extra Work, PT, and/or Removal from Specific Duty.
❏ (b) Notes on Moderate Crimes:
❏ (1) Loss of Rank is for at least, but not limited to two days.
❏ (2) Loss of Command is for at least, but not limited to four days.
❏ © Notes on Major Crimes:
❏ (1). Permanently Loss of Rank for an Officer includes:
❏ (a) Decommission to at least [OR-7] Sergeant First Class
❏ (b) Rank-locked to at least [OR-7] Sergeant First Class
❏ (2) Dishonorably Discharged from SASR.
❏ (a) If rejoin, they’re not allowed to advance any further than [OF-1] Second Lieutenant UNLESS approved by the SASR High Command.
❏ (d) Notes on Capital Crimes:
❏ (1) Permanent Ban from the SASR is defined as Permanent with no
possibility of returning, unless appealing the decision.
❏ SEC. 3 ART. 4. SENTENCING HEARINGS (S3-A4)
❏ (a) A sentencing hearing can occur when one of the following occurs:
❏ (1) Someone is charged with “failure to appear”.
❏ (2) Someone has violated 4 minor violations, 3 moderate violations, 2 major violations, or 1 capital violation.
❏ (3) Someone is charged with “misconduct in court” or “contempt of court”
❏ (4) Someone is sent to court by the SAAASR
❏ (b) In the case of a sentencing hearing, the defendant is guilty without trial and a punishment is being decided upon.
❏ © Sentencing hearings with a minor or moderate specification result in a Bench Trial. Major or Capital specifications result in a Jury Trial.
❏ SECTION 4: COURT OF APPEALS
❏ SEC. 4 ART. 1. DEFINITION (S4-A1)
❏ (a) Court of Appeal has been defined as requesting another court to look over a particular case for the purpose of a reversal of a verdict of a previous court.
❏ SEC. 4 ART. 2. COMPOSITION (S4-A2)
❏ (a) Court of Appeals shall be composed of 3 Judge Advocates, the highest ranking serving as the “Chief Justice”.
❏ (b) In the case of an Appeal, an AJAG+ may also serve as Judge Advocates.
❏ SEC. 4. ART. 3. PROCESS (S4-A3)
❏ (a) A written submission MUST be submitted to the Court of Appeals for consideration.
❏ (b) An Appeal Hearing must occur for an appeal to be granted or denied.
❏ SECTION 5: COURT OF INQUIRY
❏ SEC. 5. ART. 1. DEFINITION (S5-A1)
❏ (a) Court of Inquiry has been defined as a tribunal to decide whether or not a court martial is necessary.
❏ SEC. 5. ART. 2. COMPOSITION (S5-A2)
❏ (a) Court of inquiry shall be composed of the Judge Advocate General, and Deputy Judge Advocate General.
❏ SECTION 6: RETIREMENT
❏ SEC. 6. ART. 1 DEFINITION (S6-A1)
❏ (a) Retirement has been defined as someone who would like to stop serving within the SASR.
❏ SEC. 6. ART. 2. REQUIREMENTS (S6-A2)
❏ (a) In order to retire, a written request MUST be submitted AND approved by the regiment/battalion/command/corp Commander, Executive Officer(Commander), Deputy Commanding General, and/or Commanding General.
❏ (b) You MUST be in the command/corp for AT LEAST 1 week.
❏ SEC. 6. ART. 3. WITHDRAWAL (S6-A3)
❏ (a) You have 48 hours to withdraw your retirement request. After 48 hours, your request will be final.
❏ SECTION 7: UCMJ REFERRAL
❏ SEC. 7. ART. 1 DEFINITION (S7-A1)
❏ UCMJ Referral has been defined as how the UCMJ should be referred to during a court hearing.
❏ SEC. 7. ART 2. REFERRAL (S7-A2)
❏ (a) The Uniform Code of Military Justice Sections and Articles will be referred to by their Code Section. Code Sections are labelled with the following format:
❏ (1) “S”[Section #] — “A” [Article #] — “SS” [Sub-Section Letter]
❏ Example: For Section 2, Article 2, Subsection D = (S2-A2-SSD)
