CHAPTER 6. DECK COURTS. 501. Deck courts for the trial of enlisted men in the Navy and Marine Corps for minor offenses may be ordered by the commanding officer of a naval vessel, by the commandant of a navy yard or station, by a commanding officer of marines, or by higher naval authority. After consideration of reports against enlisted men for offenses not warranting punishment more severe than such a court is authorized to adjudge, the officers mentioned herein shall, in their discretion, cause the offenders to be brought before a deck court. Convened by whom. Constitution 502. A deck court shall consist of one commissioned officer only, who, while serving in such capacity, shall have power to ad- and powers. minister oaths, to hear and determine cases, and to impose, in whole or in part, the punishment prescribed by article 30 of the Articles for the Government of the Navy (Art. R-30), but in no case shall a deck court adjudge discharge from the service, nor shall it adjudge confinement or forfeiture of pay for a longer period than twenty days. The order constituting the court shall be in writing. Bank of mem 503. Officers shall not be ordered as deck courts who are below the rank of lieutenant in the Navy or captain in the Marine bers. Corps, except in cases where there is no officer of such rank, or of higher rank, attached to the vessel, navy yard, or station, or command, as the case may be. 504. An officer empowered to order deck courts shall not designate himself for this duty unless he is the only commissioned officer attached to the vessel, navy yard, or station, or command, or unless the subordinate officers are below the specified rank. iu which cases he shall constitute the deck court and finally determine the cases tried by him, and no order appointing the court need be issued, but the officer in question shall enter on the record that he is "the only officer (of the required rank) attached to the vessel (navy yard) (naval station) (present with the command)." In these cases no approval of the sentence is necessary, but he shall sign the record and date his signature the manner shown by the authorized forms of procedure. 505. Any person in the Navy under the command of the officer by whose order a deck court is convened may be detailed to act as recorder thereof. Recorder. Assent to 506. When an enlisted man is brought before the deck court for trial, he shall signify his willingness to be so tried by affixing his trial. signature to a statement to that effect in the record. If he does so object to such trial, he shall be tried for the offense by a sunmary court-martial. 507. The officer ordering the court shall determine when and what cases shall be brought before it; but, whenever practicable, the trial shall take place within forty-eight hours after the offense is committed. Delay in the trial of the accused may be considered in adjudging sentence. Delays. Previous con 508. Cases submitted for trial by a deck court shall be accompanied by evidence of previous convictions, or by a statement victions. When previous convictions to the effect that none such exists. are considered in determining the sentence, a note to that effect shall be entered upon the record. Procedure. Testimony. Record and approval. ty. 509. The procedure as to counsel for the accused, swearing of the recorder, arraignment, pleading, swearing of the witnesses, prosecution and defense, direct and cross examination, certificate of medical officer, etc., for the deck court shall be the same as is provided for summary courts-martial. The deck court officer shall not be a witness for either the prosecution or the defense. The recorder is not empowered to conduct any examination of witnesses, this being a part of the duty of the deck court officer. 510. If the accused, having offered no objection to trial by deck court, does not plead guilty, the officer sitting as such court shall summon the witnesses and administer to them the oath prescribed by article 41 of the Articles for the Government of the Navy (Art. R-41). The accused may, at his own request, but not otherwise, be permitted to testify in his own behalf; he may also make a statement, if he so desires. The facts established by the testimony shall be submitted on a separate sheet to the convening authority. In cases of contempt the deck-court officer shall report the facts to the convening authority for such disciplinary action as may be appropriate. Power of re 511. The deck court, as soon as a trial is completed, shall record its finding and sentence in the record and submit the same to the officer convening the court, or to his successor in office, upon whose approval the sentence may be carried into effect. 512. The officer within whose command a deck court sits shall viewing author have full power as reviewing authority to remit or mitigate, but not to commute, any sentence imposed by such court; but no sentence of a deck court shall be carried into effect until it shall have been so approved or mitigated, and such officer shall have power to remit any punishment such court may adjudge. ty. Action of con 513. The convening authority, or his successor in office, shall, vening authori- after careful scrutiny of the record and of the testimony, if any be given, note his action thereon, with date and signature, due attention being paid to the foregoing paragraph. Should the only officer present with the command sit as deck court the finding and sentence shall be recorded in like manner. No other record of the proceedings need be kept, and the results of such trials shall be published to the accused only. Entry for log. Pay officer to certify to checkage of pay. Forwarding of record. 514. A brief transcript of the case shall be furnished to the officer of the deck for entry in the ship's log, and to the executive officer for entry on the service record of the accused. 515. Records of deck courts shall show, over the signature of the officer of the Pay Corps having the pay accounts of the ac cused, that the loss of pay, if there be any adjudged and approved, has been checked. In order to enable such officer to make the necessary certificate, the commanding officer shall forward with the record the requisite order for the checkage; such order shall be in duplicate, one copy of which shall be sent by the com manding officer direct immediately to the Auditor for the Navy Department. The order shall contain the following information: Name, rate, date of trial, offense (condensed as much as possible), and sentence as finally approved. If the offense is absence over leave or absence without leave, the dates of the beginning and ending of the unauthorized absence shall be stated. 516. The record of a deck court shall, when completed, be at once forwarded by the convening authority to the Judge Advocate Appeal by ac- General. Should the accused desire to make an appeal to the cused. reviewing authority, within the prescribed period of thirty days, such statement as he may wish to make shall be submitted in writing and appended to the record of testimony separately there from, and shall be forwarded therewith to the Navy Department (office of the Judge Advocate General). No action by any intermediate authority is required. 517. Deck courts are empowered to compel the attendance of civilian witnesses and to make use of depositions in the same manner as general courts-martial. (Art. R-4542.) 1 CHAPTER 7. SUMMARY COURTS-MARTIAL. Constitution, 601. The following Articles for the Government of the Navy shall be consulted by officers performing duty in connection with powers, etc. summary courts-martial: 3, 4, 8, 13, 14, 21, 22, 23, 26 to 34, inclusive, 41, 42, 43, 47, 49, 51, 52, 61, and 63. (Arts. R-3, 4, 8, 13, 14, 21, 22, 23, 26 to 34, inclusive, 41, 42, 43, 47, 49, 51, 52, 61, and 63.) Trials not to 602. (1) When an officer empowered to convene summary courts-martial decides after investigating an accusation against a be unnecessarily petty officer or person of inferior rating that the accused should delayed. be tried by a summary court, he shall refer the case to such court, with the least possible delay. (Art. R-1406.) When offend (2) When the nature of the offense charged is of such character that the punishment which a summary court-martial is authorized ers are to be to inflict is not adequate, the offender shall be brought to trial court-martial. tried by general before a general court-martial, unless it is impracticable to do so. (Arts. 30 and 51, A. G. N.; R-30 and 51.) (3) When a marine is to be tried by summary court-martial, one or more marine officers shall, if practicable, be detailed as members of the court. When marine officers to be detailed as members. Deficiency of 603. (1) When a trial by summary court-martial is decided upon, and a sufficient number of officers of the proper rank to members, how compose the court are not under the command of the convening supplied. authority, the latter shall request the senior officer present to detail the additional officers necessary. (Art. R-3910-(3).) Senior officer (2) The senior officer present shall, if practicable, comply with such request, in which case he shall, orally or in writing, notify present shall dethe officers detailed. tail members. Contents of precept. Notification to 604. (1) The precept for a summary court-martial shall specify the personnel of the court and the time and place of meeting. (2) The convening authority shall deliver the precept to the senior member and, orally or in writing, notify the other members members and reand recorder of their appointment. (3) A summary court-martial after its first meeting shall meet at the time specified at adjournment or, if no time was specified, at the call of the senior member, unless, in either case, the convening authority directs otherwise. corder. Times of meetIng. Members not (4) Summary court-martial duty shall be performed in addition to other duties, unless the convening authority directs other- exempt from wise. other duties. When sessions Meeting and (5) Hours for holding sessions of a summary court-martial shall be selected with a view to as little interference with the should be held. performance of routine duties as the administration of justice and the interests of the accused and the service permit. (6) When a summary court-martial meets and when it adjourns, the senior member shall notify the commanding officer adjournment to and the officer of the deck, or officer of the day. (7) At sessions of a summary court-martial, the senior member shall preside, except when called as a witness. (Art. R-612-(4).) 605. At the request of the senior member of the court, the commanding officer of the ship or the commandant of the yard, sta- derly. be reported. Senior member presides. Detail of or. Summoning witnesses. Accused to be of specification. detailed to attend the meetings of the court and execute its 606. (1) The recorder shall summon all witnesses, both for the (2) Persons in the naval service shall obey such summons and report, at the time specified, to the recorder. (3) Summons to persons under the command of the convening authority shall be transmitted through the executive officer or officer of the day; to other naval persons, through the usual official channels; and to civilians, in the mode best calculated to reach them. 607. (1) The accused shall, as soon as practicable after it has furnished copy been decided to bring him to trial, be furnished with a copy of the specification preferred against him. (Art. 43, A. G. N.; R-43.) Time to prepare defense. Plea in bar. Specification, how drawn. (2) He shall, after the receipt of such copy and before being brought to trial, be allowed a reasonable time to prepare his defense. He may be tried at any time after he announces in open court that he is ready for trial. Recorder, the prosecutor. Evidence, rules governing. Record. (3) Should he submit a plea in bar of trial, the procedure required by article R-779 shall be followed. 608. (1) The specification shall be framed in accordance with the provisions of articles R-712 and R-713, a separate specification shall be used for each distinct offense, and two or more such specifications may be joined for a single trial. (2) When the offense charged is incompetency, it is essential to set forth the particular acts, or neglect, upon which the specification is based; and it is necessary that more than one instance of such incompetency be alleged. (Art. R-619-(6).) Each case to be complete. (3) When the offense charged is unlawfully having intoxicants in possession, it is essential to specify that the possession was unlawful." Correction of fication. 66 609. (1) The recorder, representing the Government, is the prosecuting officer. He shall offer only such evidence as is lawfully admissible; when in doubt, he shall offer the evidence. (2) The court shall determine all questions as to the admissibility of evidence and its decision thereon is final. (3) The rules of evidence which are applicable to trials by general courts-martial are equally applicable to trials by summary courts-martial, (R-751-(2).) (4) The incidents of a trial shall be recorded in the order in which they occur. 610. (1) The original order convening the court, and all orders altering the same, together with the original specification ap proved and signed by the officer ordering the court, must be prefixed to the record. (2) If, however, more than one case is to be tried by the same court, the order shall be referred to in each case subsequent to the first to show that the proceedings are continuous, and the record of each case must be made up separately. 611. (1) The court shall, immediately after it meets for a trial, errors ia speci- examine the specification. The court may itself correct therein manifest clerical errors and, before the trial begins, notify the accused of such corrections. Technical errors shall be dealt with as in general courts-martial, the form of procedure for which is applicable to summary courts-martial where not inconsistent therewith or with the regulations governing the latter. (Arts. R-715 and R-774-(2).) Counsel for ac cused. (2) The accused must furnish his own counsel except as provided in the next paragraph; a summary court-martial can not refuse to allow such assistance. (3) When the accused has no counsel, the court may, if he so requests, appoint a commissioned, warrant, or petty officer within reach to act as his counsel. Such appointment, however, takes effect only with the consent of such officer. (4) The record must show, by admission of the accused, or by other proof, that he received at a stated time prior to his trial a copy of the specification preferred against him. Receipt of copy of specifcation. Precept, etc., Challenges. (5) After the precept and orders altering the same have been Action in case (6) If a challenge is made and the court decides not to sustain it, the case shall proceed. If the challenge is sustained, the of challenge. case shall be suspended and the recorder shall, as soon as possible, forward the record to the convening authority. If the latter approves the action of the court, he may order a new member in place of the one challenged, or withdraw the specification from the court; if he disapproves the court's action, he shall return the record to the court with his action thereon and the case shall proceed. When a new member is added to the court, the order appointing him shall be read aloud and the accused shall be afforded an opportunity to challenge such member. (Art. 47, A. G. N.; Art. R-47.) (7) When proceedings in a case are, for any cause, suspended, a new case or other business before the court may be taken up. (8) After the accused has announced that he does not object to any member, or to any other member, and that he received a copy of the specification, the oaths or affirmations required by article 28 of the Articles for the Government of the Navy (Art. R-28) shall be administered. It is essential for the record to show that these oaths or affirmations were administered, to which end the entry may be: "Each member and the recorder were duly sworn.' New case or other business. Oaths administered. Specification (9) After each member and the recorder have been duly sworn, the recorder shall read aloud the specification preferred against read. the accused, shall address him by his name and designation and ask him whether he is guilty or not guilty of the specification just read. The trial shall then proceed as provided for in general court-martial procedure. (Arts. R-777, R-778, and R-779.) (10) The proper order for the introduction of evidence is as follows: 1st, by the prosecution; 2d, by the defense; 3d, rebuttal troduction of by the prosecution; 4th, surrebuttal by the defense. The court may, in the interest of justice, allow evidence to be introduced out of the above order and may, for satisfactory cause, allow the prosecution or the defense to introduce evidence at any time bereceive any new evidence except evidence of previous convictions. fore arriving at its finding thereon, but it shall not thereafter (11) Entries shall be made in the record to indicate the several stages in the introduction of evidence, as prescribed in the authorized forms of procedure. Order for in evidence. Witnesses 612. (1) Each witness in a summary court-martial must, before 41 of the Articles for the Government of the Navy (Art. R-41). giving his testimony, be sworn or affirmed as required by article sworn. It is essential for the record to show that each witness was duly Sworn. taken and as nearly as possible in the words of the witness. Member or re (4) If it is known to the recorder prior to beginuing the prosecution that a member or the recorder is to be a witness for the corder to be first prosecution, the testimony of such witness should be taken before any other evidence is received. If the senior member becomes a witness. |