Preliminary Hearing

Unless waived by the accused, an Article 32 preliminary hearing is required before a service member can be referred to a general court-martial for trial.

The purpose of the hearing is to:

• Determine whether it is more likely than not that the accused committed the charged offense(s)

• Determine whether the convening authority has court-martial jurisdiction over the offense and the accused

• Consider the form of the charge(s)

• Recommend disposition

An impartial preliminary hearing officer, normally a judge advocate, conducts the hearing. The convening authority will appoint a judge advocate to represent the government. The evidence is limited to the scope and purpose of the preliminary hearing. As a general rule, the Military Rules of Evidence do not apply at an Article 32 hearing.

RIGHTS OF THE ACCUSED

At the hearing, the accused has the following rights:

• Be advised of the charge(s) against him/her

• Be represented by counsel

• Cross-examine witnesses that testify

• Be informed of the right against self-incrimination

• Present matters in defense

• Be present for the hearing

• Make an unsworn statement

Victims also general have the right to appear at the hearing.

Following the hearing, the Preliminary Hearing Officer prepares a report to the convening authority with findings and recommendations.