Section 301 – Military punishments — Limits of punishment — Cruel and unusual punishments — Use of irons.
Effective 5/4/2022 39A-5-301. Military punishments — Limits of punishment — Cruel and unusual punishments — Use of irons. (1) Punishment directed by a military court for an offense may not exceed limits prescribed under Subsection (2) or lesser limits prescribed by the governor for the offense. (2) A military court may impose upon an accused […]
Section 302 – Nonjudicial punishment.
Effective 5/4/2022 39A-5-302. Nonjudicial punishment. (1) The governor and the adjutant general of Utah may prescribe regulations governing the administration of nonjudicial punishment. The imposition and enforcement of disciplinary punishment under this section for any act or omission is not a bar to trial by a civilian court of competent jurisdiction. (2) A service member […]
Section 303 – Fines.
Effective 5/4/2022 39A-5-303. Fines. (1) Fines imposed by a military court may be paid to the military court or to an officer executing process for the court. The amount of the fine may be noted upon any state roll or account for pay of the delinquent and deducted from any pay or allowance due or […]
Section 229 – Specification dismissal — No finding of not guilty — Procedure.
Effective 5/4/2022 39A-5-229. Specification dismissal — No finding of not guilty — Procedure. (1) If a specification before a military court has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any […]
Section 230 – Rehearing ordered by convening authority — Grounds — Procedure.
Effective 5/4/2022 39A-5-230. Rehearing ordered by convening authority — Grounds — Procedure. (1) (a) If the convening authority disapproves the findings and sentence of a military court, the convening authority may, unless there is a lack of sufficient evidence in the record to support the findings, order a rehearing, and state the reasons for disapproval. […]
Section 231 – Convening authority review — Action by governor final — SJA review — Appeal of final action.
Effective 5/4/2022 39A-5-231. Convening authority review — Action by governor final — SJA review — Appeal of final action. (1) When the governor is the convening authority, the governor’s action on the review of a record of trial is final. (2) The state judge advocate shall review the record of trial in each case prior […]
Section 232 – Military court sentence — Execution by convening authority.
Effective 5/4/2022 39A-5-232. Military court sentence — Execution by convening authority. (1) Except under Sections 39A-5-306 and 39A-5-231, a military court sentence may be ordered executed by the convening authority when approved, unless suspended or deferred. (2) The convening authority has discretion to approve the sentence or a part or commuted form of the sentence. […]
Section 223 – Vote necessary for conviction or other questions — Tie votes.
Effective 5/4/2022 39A-5-223. Vote necessary for conviction or other questions — Tie votes. (1) The accused may not be convicted of any offense except by a unanimous verdict of the members of the court present at the time the vote is taken. (2) All other questions decided by the members of a military court are […]
Section 224 – Findings — Background check prior to sentencing.
Effective 5/4/2022 39A-5-224. Findings — Background check prior to sentencing. (1) A court shall announce its findings and sentence to the parties as soon as determined. (2) The court panel may defer sentencing pending an investigation of the background of the accused to determine a just and appropriate sentence. Renumbered and Amended by Chapter 373, […]
Section 225 – Finding or sentence — Error — Review.
Effective 5/4/2022 39A-5-225. Finding or sentence — Error — Review. (1) A finding or sentence of a military court may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused. (2) A reviewing authority with the power to approve or affirm a […]