2016 South Carolina Code of Laws
Title 25 - Military, Civil Defense and Veterans Affairs
CHAPTER 1 - MILITARY CODE
Section 25-1-2680. Referral of charge to state judge advocate before trial; error in charges or specifications.
Before directing the trial of any charge by general court-martial, the convening authority shall refer it to the state judge advocate for consideration and advice. The convening authority may not refer a charge to a general court-martial for trial unless he has found that the charge alleges an offense under the Code of Military Justice and is warranted by evidence indicated in the report of the investigation.
If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections, and such changes in the charges and specifications may be made to make them conform to the evidence.
HISTORY: 1984 Act No. 378, Section 28.
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