Ala. Code § 31-2A-32 (1975) (Article 32.) Preliminary Hearing; Report

• Library: Alabama Statutes
• Edition: 2023
• Currency: Current with legislation from the 2023 Regular and Special Sessions.
• Year: 2023
• Citation: Ala. Code § 31-2A-32 (1975)

(a) No charge or specification may be referred to a general court-martial for trial until the completion of a preliminary hearing, unless the preliminary hearing is waived by the accused. The purpose of the preliminary hearing shall be limited to the following:

(1) Determining whether there is probable cause to believe an offense has been committed and the accused committed the offense.

(2) Determining whether the convening authority has court-martial jurisdiction over the offense and the accused.

(3) Considering the form of charges.

(4) Recommending the disposition that should be made of the case.

(b) A preliminary hearing under subsection (a) shall be conducted by a hearing officer who satisfies all of the following:

(1) The hearing officer shall be an impartial judge advocate whenever practicable or, in exceptional circumstances in which the interests of justice warrant, an impartial hearing officer who is not a judge advocate. If the hearing officer is not a judge advocate, a judge advocate shall be available to provide legal advice to the hearing officer.

(2) Whenever practicable, the hearing officer shall be equal to or senior in grade to military counsel detailed to represent the accused or the government at the preliminary hearing.

(c) After conducting a preliminary hearing under subsection (a), the judge advocate or other officer conducting the preliminary hearing shall prepare a report that addresses the matters specified in subsections (a) and (f).

(d) The rights of the accused and victim at the preliminary hearing are as follows:

(1) The accused shall be advised of the charges against the accused and of the accused's right to be represented by counsel at the preliminary hearing under subsection (a). The accused has the right to be represented at the preliminary hearing as provided in Section 31-2A-38 and in regulations prescribed under that section.

(2) The accused may cross-examine witnesses who testify at the preliminary hearing and present additional evidence in defense and mitigation, relevant to the limited purposes of the hearing, as provided for in subdivision (4) and subsection (a).