Who has the authority to convene a court-martial?

In Virginia, the authority to convene a military court-martial, or trial, is held by commanding officers. This includes both commissioned and non-commissioned officers in the armed forces. Courts-martial are convened when an individual is accused of violating the Uniform Code of Military Justice (UCMJ). The commanding officer has the authority to determine if there is enough evidence to proceed with a court-martial. Depending on the severity of the offense, the commanding officer may choose to refer the case to a court-martial instead of holding a summary court-martial within their own command or via a non-judicial punishment. In addition, a commanding officer may decide to send a court-martial referral directly to a higher authority such as an Office of the Judge Advocate General or the service branch’s secretary. Ultimately, the final decision of convening a court-martial rests with the convening authority, which is typically a higher-ranking officer with sufficient authority. Courts-martial offer accused service members the same rights and privileges as any other criminal trial. This includes the right to a defense counsel, the right to due process, and protection from double jeopardy. Furthermore, military prosecutors and defense attorneys must adhere to the ethical regulations set forth in the UCMJ to ensure a fair and impartial trial.

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Who has the authority to convene a court-martial?

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