Pretrial Confinement

Overview of pretrial confinement (see Pretrial restraint & pretrial confinement in the military):

military-defense-lawyers558089The basis for pretrial confinement is probable cause (reasonable belief) that, an offense triable by a court-martial has been committed; the person confined committed the offense; and the confinement is required by the circumstances.

Here, as above, the circumstances include a reasonable foreseeability that the accused will not appear at trial, pretrial hearing, or investigation; the accused will engage in serious criminal misconduct; and less severe forms of restraint are inadequate. R.C.M. 305(h)(2)(B). In each case of confinement, the Staff Judge Advocate (SJA) or his or her designee will be notified prior to confinement or as soon as possible thereafter. AR 27-10, para. 5-15a.