Advice to convening authority before referral to trial

(a) Before referral of charges and specifications to a general court-martial for trial, the convening authority shall submit the matter to the staff judge advocate for advice, which the staff judge advocate shall provide to the convening authority in writing. The convening authority shall not refer a specification under a charge to a general court-martial unless the staff judge advocate advises the convening authority in writing that: (1) The specification alleges an offense under this chapter; (2) There is probable cause to believe that the accused committed the offense charged; and (3) A general court-martial would have jurisdiction over the accused and the offense. (b) Together with the written advice provided under subsection (a), the staff judge advocate shall provide a written recommendation to the convening authority as to the disposition that should be made of the specification in the interest of justice and discipline. (c) When a convening authority makes a referral for trial by general court-martial, the written advice of the staff judge advocate under subsection (a) and the written recommendation of the staff judge advocate under subsection (b) with respect to each specification shall accompany the referral. (d) Before referral of charges and specifications to a special court-martial for trial, the convening authority shall consult a judge advocate on relevant legal issues. (e) Before referral for trial by general or special court-martial, changes may be made to charges and specifications: (1) To correct errors in form; and (2) When applicable, to conform to the substance of the evidence contained in a report under section 124B-54. (f) For purposes of this section, "referral" means the order of a convening authority that charges and specifications against an accused be tried by a specified court-martial.