Page:United States Statutes at Large Volume 62 Part 1.djvu/664

 PUBLIC LAWS-CH. 625-JUNE 24, 1948 41 Stat. 796. 10 U. .C. 1518. P ,p.638. to be served upon the accused a copy of the charges upon which trial is to be had, and a failure so to serve such charges will be ground for a continuance unless the trial be had on the charges furnished the accused as hereinbefore provided. In time of peace no person shall, against his objection, be brought to trial before a general court-martial within a period of five days subsequent to the service of charges upon him." SEC. 223. Article 47 is amended to read as follows: "ART. 47 . ACTION BY CONVENING AUTHORITr.- "a. ASSIGNMENT OF JUDGE ADVOCATES; CHANNELS OF COMMUNICA- TION. -A l l members of the Judge Advocate General's Department will be assigned as prescribed by The Judge Advocate General after appro- priate consultations with commanders on whose staffs they may serve; and The Judge Advocate General or senior members of his staff will make frequent inspections in the field in supervision of the admin- istration of military justice. Convening authorities will at all times communicate directly with their staff judge advocates in matters relat- ing to the administration of military justice; and the staff judge advocate of any command is authorized to communicate directly with the staff judge advocate of a superior or subordinate command, or with The Judge Advocate General. "b. REFERENCE FOR TRIAL.- Before directing the trial of any charge by general court-martial the convening authority will refer it to his staff judge advocate for consideration and advice; and no charge will be referred to a general court-martial for trial unless it has been found that a thorough and impartial investigation thereof has been made as prescribed in the preceding article, that such charge is legally sufficient to allege an offense under these articles, and is sustained by evidence indicated in the report of investigation. "c. ACTION ON RECORD OF TRIAL. -Before acting upon a record of trial by general court-martial or military commission, or a record of trial by special court-martial in which a bad-conduct discharge has been adjudged and approved by the authority appointing the court, the reviewing authority will refer it to his staff Judge advocate or to The Judge Advocate General for review and advice; and no sentence shall be approved unless upon conviction established beyond reasonable doubt of an offense made punishable by these articles, and unless the record of trial has been found legally sufficient to support it. "d. APPROVAL. -No sentence of a court-martial shall be carried into execution until the same shall have been approved by the convening authority: Provided, That no sentence of a special court-martial including a bad-conduct discharge shall be carried into execution until in addition to the approval of the convening authority the same shall have been approved by an officer authorized to appoint a general court- martial. "e. WHO MAY EXERCISE. -Action by the convening authority may be taken by an officer commanding for the time being, by a successor in command, or by any officer exercising general court-martial juris- diction. "f. POWERS INCIDENT TO POWER TO APPROVE. -The power to approve the sentence of a court-martial shall include- "(1) the power to approve or disapprove a finding of guilty and to approve only so much of a finding of guilty of a particular offense as involves a finding of guilty of a lesser included offense; "(2) the power to approve or disapprove the whole or any part of the sentence; and "(3) the power to remand a case for rehearing under the pro- visions of article 52." SEa. 224. Article 48 is amended to read as follows: 634 [62 STAT.

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