Types of pretrial restraint

Pretrial restraint available to military commanders

Explanation of different types of pretrial restraint (see Pretrial restraint & pretrial confinement in the military):

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The accused may be placed under restraint in one of the following ways: conditions on liberty; restrictions in lieu of arrest; arrest and pretrial confinement. R.C.M. 304(a).

Conditions on Liberty

Conditions on liberty, also known as ‘stay-away’ orders, are simply that, “orders directing a person to do or refrain from doing specified acts.”

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Restrictions in Lieu of Arrest

Here again, no physical constraint is imposed. The accused is ordered to stay within specified limits while performing his or her full military duties.

Arrest

Arrest imposes the same restraint as Restrictions in Lieu of Arrest, with the exception that the accused may not be required to perform full military duties such as supervising, serving as a guard, or bearing arms. He or she may be required to do ordinary cleaning or policing or to take part in routine training and duties.

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Confinement

“Pretrial confinement” is the most restrictive pretrial restraint. It involves physical confinement and deprivation of liberty and freedom. Id.

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