Assembling--Seating of Personnel and Accused--Attendance and Security of Accused--Introduction of the Accused and Counsel; Swearing Reporter; Asking Accused as to Copy of General Court-Martial Record; Announcement of Members Present
- COURTS-MARTIAL--PROCEDURE--Assembling.--A general or special court-martial assembles at its first session in accordance with the order convening it; thereafter according to adjournment. When, as is usually the case, the appointing order, after stating the hour and date of the first meeting, adds the words "or as soon thereafter as practicable "; or when, as is often the case, the court adjourns to meet at the call of the president, or whenever advisable or necessary for any reason, the president of the court will fix the hour and date for the first or subsequent meeting, as the case may be, and seasonably notify the trial judge advocate in order that proper notice of the meeting (see 41c) may be sent out.
- COURTS-MARTIAL--PROCEDURE--Seating of Personnel and Accused.--When the court is ready to proceed, it is called to order by the president. Members will be seated according to rank alternately to the right and left of the president, except that the law member will be seated on the immediate left of the president. If the rank of a member is changed, he will sit according to his new rank. Subject to change by the court, other personnel and the accused will be seated as the president directs, except that the accused will be permitted to be near his counsel.
- COURTS-MARTIAL--PROCEDURE--Attendance and Security of Accused.--The appointing authority or the post commander or other proper officer in whose custody or command the accused is at the time is responsible for the attendance of the accused before the court.
The presence of the accused throughout the proceedings in open court is, unless otherwise stated (e. g., 10, Effect of escape, and 83, Revision), essential.
Neither the court nor the trial judge advocate as such is responsible for or has any authority in connection with the security of a prisoner being tried, and neither the court nor the trial judge advocate as such
has any control over the imposition or nature of the arrest or other status of restraint of an accused, except that the court does have control over the accused in so far as his personal freedom in its presence is concerned; but the court or the trial judge advocate may make recommendations to the proper authority as to these matters.
- COURTS-MARTIAL--PROCEDURE--Introduction of the Accused and Counsel; Swearing Reporter; Asking Accused as to Copy of General Court-Martial Record; Announcement of Members Present.--A quorum and the accused being present, the trial judge advocate will announce the name of the accused, and, at the first session in a trial, ask the accused whom he desires to introduce as counsel. Any change in counsel during the trial should be brought to the attention of the court in a similar manner. The court should, whenever the occasion requires, take appropriate action to the end that the accused, if he so desires, will be represented in his defense before the court as contemplated by A.W. 17.
After the introduction of the accused and his counsel the reporter will be sworn (see 95, Oath), and the accused, in the case of trial by general court-martial, will be asked if he desires a copy of the record of trial.
At the first session in a trial the trial judge advocate will announce t he names of the members present. Similar announcement will be made when a new member appears or a member resumes his seat after an absence.
During the introduction of the accused and his counsel and the naming of the members present, the accused and the personnel of the prosecution and defense will stand.
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