Page:United States Statutes at Large Volume 70A.djvu/116

58 58 § 861. Art. 61. Same—General court*martiaI records The convening authority shall refer the record of each general courtmartial to his staff judge advocate or legal officer, who shall submit his written opinion thereon to the convening authority. If the final action of the court has resulted in an acquittal of all charges and specifications, the opinion shall be limited to questions of jurisdiction and shall be forwarded with the record to the J u d g e Advocate General of the armed force of which the accused is a member. § 862. Art. 62. Reconsideration and revision (a) If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action. (b) Where there is an apparent error or omission in the record or where the record shows improper or inconsistent action by a courtmartial with respect to a finding or sentence which can be rectified without material prejudice to the substantial rights of the accused, the convening authority may return the record to the court for appropriate action. I n no case, however, may the record be returned— (1) for reconsideration of a finding of not guilty of any specification, or a ruling which amounts to a finding of not guilty; (2) for reconsideration of a finding of not guilty of any charge, unless the record shows a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some article of this chapter; or (3) for increasing the severity of the sentence unless the sentence prescribed for the offense is mandatory. § 863. Art. 63. Rehearings (a) If the convening authority disapproves the findings and sentence of a court-martial he may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In such a case he shall state the reasons for disapproval. I f he disapproves the findings and sentence and does not order a rehearing, he shall dismiss the charges. (b) Each rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which he was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be imposed, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory. §864. Art. 64. Approval by the convening authority I n acting on the findings and sentence of a court-martial, the convening authority may approve only such findings of guilty, and the sentence or such part or amount of the sentence, as he finds correct in law and fact and as he in his discretion determines should be approved. Unless he indicates otherwise, approval of the sentence is approval of the findings and sentence.

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