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- Checklist for Review of Pretrial Confinement
- Was the confinee confined by order of a commissioned officer of the Armed Forces?Air Force JAG School
- Was the confinee previously confined for the same offense(s) and released by any person authorized under R.C.M. 305(g)?
- Did the confinee’s commander decide within 72 hours of ordering the confinee into pretrial confinement, or receipt of a report that a member of his unit was confined, whether pretrial confinement would continue?
- Did the commander prepare a memorandum of his reasons for approving continued pretrial confinement?
- Has a charge sheet been prepared?
- Is the confinee charged only with an offense normally tried by summary court-martial?
- Did the confinee have or request military counsel prior to this review or meeting with the prisoner?
- Was the confinee’s counsel informed of the date, time and place of any meeting with the prisoner?
- Has the confinee been informed of:
- The nature of the offenses for which held;
- The right to remain silent and that any statement made by the confinee may be used against the confinee;
- The right to retain civilian counsel at no expense to the United States, and the right to request assignment of free military counsel;
- The procedures by which continued pretrial confinement will be reviewed?
- Is there a reasonable belief that:
- An offense triable by court-martial has been committed;
- The confinee committed it;
- Pretrial confinement Is required?
- Has a written memorandum of the decision to approve continued pretrial confinement or order immediate release, including the factual findings upon which they were based, been prepared?
- Have the confinee and the commander been informed of the decision?
- Has a copy of the memorandum of the decision with all documents considered been kept on file?
