There is a newer version
of
this Section
2017 Arkansas Code
Title 12 - Law Enforcement, Emergency Management, and Military Affairs
Subtitle 4 - Military Affairs
Chapter 64 - Military Justice
Subchapter 7 - Review of Courts-Martial
§ 12-64-707. Rehearings
Universal Citation: AR Code § 12-64-707 (2017)
- (a)
- (1) If the convening authority disapproves the findings and sentence of a court-martial he or she may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing.
- (2) In such a case he or she shall state the reasons for disapproval.
- (3) If he or she disapproves the findings and sentence and does not order a rehearing, he or she shall dismiss the charges.
- (b)
- (1) Each rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case.
- (2) Upon a rehearing the accused may not be tried for any offense of which he or she was found not guilty by the first court-martial; and no sentence in excess of or more severe than the original sentence may be imposed, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings or unless the sentence prescribed for the offense is mandatory.
Disclaimer: These codes may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
