 |
|
|
|
|
|
|
|
 |
|
||||||
|
|||||||
you are here: > Military Code
> Article 96
 |
16. General
principles of military court
|
|
| Article 96-Arrest and accusation | ||
| 96.1 | Arrest | |
| A lawful arrest shall be when a military law enforcement official, or person acting under law of this code does take a person into custody using lawful arrest procedure so that they may be brought to a place of interview, interrrogation and/or testimony to assist in the investigation of an alleged offence. | ||
| 96.2 | Lawful arrest procedure | |
| Lawful arrest procedure is when the following three steps have been taken during the execution of an arrest: (1) that the person has been told they are under arrest (2) that the person has been told on what basis of accusation, summons, warrant and/or charge they are being placed under arrest and (3) that the person has been told of their immediate rights. | ||
| 96.3 | 1st interview ("interview of facts") | |
| A 1st interview is the very first interview of an accused after their arrest at which the accused is compelled by law to answer all facts presented to them (excluding any direct accusations) which may involve electronic monitoring equipment, recording equipment and is permitted without the presence of a defense attorney. | ||
| 96.4 | Interrogation ("2nd and other interviews") | |
| An interrogation is defined as any 2nd and/or other interview involving the process to question formally and systematically people who may be party to an event or action that may lead to a formal indictment of military proceedings. | ||
| 96.5 | Accusation | |
| An accusation is one or more allegations of military acts to which as yet no formal military charge(s) have been applied to the accused who has been arrested and now in custody. | ||
| 96.6 | Charge | |
| A charge is any formal accusation referenced to a specific type of alleged offence under the military Code and therefore the restrictions, gravity and procedures listed therein to the handling of accused of such offences. | ||
| 96.7 | Indictment | |
| An indictment is a formal written statement accusing a person therein of one or more charges which, by law, are declared to be an offense. | ||
Copyright © 2010 United-America.Org. All rights reserved. |
||