Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart E - PRETRIAL PROCEDURES › Section 400.510 - Pretrial Investigation

Current through Register Vol. 48, No. 28, July 12, 2024
a)
No charge or specification may be referred to a general or special
				court-martial for trial until a thorough and
				impartial
investigation of all matters set forth
in
				the charge or specification
has been made. This investigation shall
				include inquiry as to the truth of the matter set forth in the charges,
				consideration of the form of charges, and a recommendation
of
the disposition
that
should be made of the case in the
				interest of justice and discipline
. (Code Section 32(a))
b) Who May Direct Investigation. Unless
				prohibited by applicable law or regulation, an investigation may be directed
				under the Code by any court-martial convening authority (see Section
				400.410
				). That authority may also give procedural instructions not inconsistent with
				this Manual.
c) Investigating
				Officer. The commander directing an investigation under this Manual shall
				detail a judge advocate officer who is not the accuser to be the investigating
				officer. The investigating officer shall conduct the investigation and make a
				report of conclusions and recommendations. The investigating officer is
				disqualified to act later in the same case in any other capacity.
d) Scope of Investigation. The investigating
				officer shall inquire into the truth and form of the charges, and such other
				matters as may be necessary to make a recommendation of the disposition of the
				charges.
e)
The accused
				shall be advised of the charges against
him or her
and of the
				right to be represented by counsel at the investigation
(see Section
				400.805 ).
At
the
investigation, full opportunity
				shall be given to the accused to cross-examine witnesses, if they are
				available, and to present anything the accused may desire
on
the accused's own behalf, either in defense or mitigation. The
				investigating officer shall examine available witnesses requested by the
				accused. If the charges are forwarded after the investigation, they shall be
				accompanied by a statement of the substance of the testimony taken on both
				sides. A copy shall be given to the accused
. (Code Section
				32(b))
f)
If an
				investigation of the subject matter of an offense has been conducted before the
				accused is charged with the offense, and if the accused was present at the
				investigation and afforded the opportunities for representation,
				cross-examination and presentation prescribed in subsection
(e),
no further investigation of that charge is necessary under
				this
Section
unless it is demanded by the accused after the
				accused is informed of the charge. A demand for further investigation entitles
				the accused to recall witnesses for further cross-examination and to offer any
				new evidence in the accused's own behalf
. (Code Section
				32(c))
g)
If evidence
				adduced in an investigation under this
Section
indicates that
				the accused committed an uncharged offense, the investigating officer may
				investigate the subject matter of that offense
and make appropriate
				conclusions and recommendations as to disposition
without the accused
				having first been charged with the offense, if the accused is
:
1)
present at the
				investigation;
2)
informed of the nature of each uncharged offense investigated;
				and
3)
afforded
				the opportunities for representation, cross-examination and presentation
				prescribed in subsection
(e). (Code Section 32(d))