Purposes of the pretrial advice
Explanation of the purposes of the pretrial advice:
- Substantial Pretrial Right of the Accused.
- Protects accused against trial on baseless charges.
- Protects accused against referral to an inappropriate level of court-martial.
- Limited veto over convening authority’s power to refer charges.
- Prosecutorial Tool.
- Provides legal advice to the convening authority regarding the charges.
- Additional opportunity for the SJA/military justice section to review the charges (form, substance, etc) prior to referral.