What is the UCMJ Article 39?

Article 39 of the Uniform Code of Military Justice (UCMJ) provides a procedure for the authority responsible for convening a court-martial to set the time and place for the trial or hearing. The Article also outlines the factors that must be considered when making these decisions. In the State of Utah, all military trials and hearings must comply with the UCMJ. The authority responsible for convening a court-martial must consider all relevant factors when determining the time and place for the trial or hearing. These factors may include: • Availability of witnesses • Availability of resources • Location of the accused • Location of the victim or victims • Logistical considerations • Necessary security considerations • Pre-trial preparation considerations • Accessibility to the location by the accused, victims, and/or witnesses The authority responsible for convening a court-martial may consider other factors when determining the time and place for a trial or hearing, such as local laws, regulations, and customs. Furthermore, the authority responsible for convening a court-martial must consider any special needs the accused, victims, or witnesses may have for the trial or hearing. It should be noted that the authority responsible for convening a court-martial may change the time and place for a trial or hearing at any time before the trial or hearing begins. After the trial or hearing has begun, however, the time and place may only be changed with the express consent of the accused.

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What is the UCMJ Article 39?

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