Pretrial Restraint

Pretrial restraint includes:

• Conditions on liberty

• Restriction in lieu of arrest

• Arrest

• Pretrial confinement

In order to put a service member in pretrial confinement, the following conditions must be met:

• The commander has reasonable grounds that the member committed an offense triable by court-martial;

• Confinement is necessary because the accused is a flight risk or will commit serious future misconduct; and

• Lesser forms of restraint are inadequate.

Commanders should be mindful that imposing any restraint greater than conditions on liberty may trigger the "speedy trial clock," the time the government has to prepare and bring the accused to trial. 

Commanders should consult with the Judge Advocate prior to imposing any restraints on a service member's liberty.