
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC834]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
 
                   SUBCHAPTER VI--PRE-TRIAL PROCEDURE
 
Sec. 834. Art. 34. Advice of staff judge advocate and reference 
        for trial
        
    (a) Before directing the trial of any charge by general court-
martial, the convening authority shall refer it to his staff judge 
advocate for consideration and advice. The convening authority may not 
refer a specification under a charge to a general court-martial for 
trial unless he has been advised in writing by the staff judge advocate 
that--
        (1) the specification alleges an offense under this chapter;
        (2) the specification is warranted by the evidence indicated in 
    the report of investigation under section 832 of this title (article 
    32) (if there is such a report); and
        (3) a court-martial would have jurisdiction over the accused and 
    the offense.

    (b) The advice of the staff judge advocate under subsection (a) with 
respect to a specification under a charge shall include a written and 
signed statement by the staff judge advocate--
        (1) expressing his conclusions with respect to each matter set 
    forth in subsection (a); and
        (2) recommending action that the convening authority take 
    regarding the specification.

If the specification is referred for trial, the recommendation of the 
staff judge advocate shall accompany the specification.
    (c) If the charges or specifications are not formally correct or do 
not conform to the substance of the evidence contained in the report of 
the investigating officer, formal corrections, and such changes in the 
charges and specifications as are needed to make them conform to the 
evidence, may be made.

(Aug. 10, 1956, ch. 1041, 70A Stat. 49; Pub. L. 98-209, Sec. 4, Dec. 6, 
1983, 97 Stat. 1395.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
834(a)................................  50:605(a).                           Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
834(b)................................  50:605(b).                            3
4), 64 Stat. 119.
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---------------------------------

    In subsection (a), the word ``may'' is substituted for the word 
``shall''.


                               Amendments

    1983--Subsec. (a). Pub. L. 98-209, Sec. 4(a), substituted ``judge 
advocate'' for ``judge advocate or legal officer'', and provisions that 
the convening authority may not refer a specification under a charge to 
a general court-martial for trial unless he has been advised in writing 
by the staff judge advocate that the specification alleges an offense 
under this chapter, the specification is warranted by the evidence 
indicated in the report of investigation under section 832 of this title 
(article 32) (if there is such a report), and a court-martial would have 
jurisdiction over the accused and the offense, for provision that the 
convening authority could not refer a charge to a general court-martial 
for trial unless he found that the charge alleged an offense under this 
chapter and was warranted by evidence indicated in the report of 
investigation.
    Subsecs. (b), (c). Pub. L. 98-209, Sec. 4(b), added subsec. (b) and 
redesignated former subsec. (b) as (c).


                    Effective Date of 1983 Amendment

    Amendment by Pub. L. 98-209 effective first day of eighth calendar 
month beginning after Dec. 6, 1983, but not to apply to any case in 
which charges were referred to trial before that date, and proceedings 
in any such case to be held in the same manner and with the same effect 
as if such amendments had not been enacted, see section 12(a)(1), (3) of 
Pub. L. 98-209, set out as a note under section 801 of this title.
