2604

At any time after the service of charges referred for trial in a court-martial composed of a law officer and members, the law officer may, subject to § 2556 of this title, convene the court to session without the presence of its members for the purpose of:\n(1) Hearing and taking determinations on motions promoting defenses or determinable objections without subjecting to trial the controversies promoted by a plea of not guilty;\n(2) hearing and deposing upon any matter that may be decided by a law officer under this code whether the matter be or not be appropriate for consideration or subsequent decision by members of the court;\n(3) holding, if permissible under the regulations promulgated to such effect, the act of the reading of charges and receiving the allegations of the accused, and\n(4) carrying out any processal function under this code which does not require the presence of the members of the court. These proceedings shall be conducted in the presence of the accused, the defense counsel and trial counsel and shall be a part of the record.\nWhenever members of a court-martial deliberate or vote, only the members of the court may be present.

resence of the accused, the defense counsel and trial counsel and shall be a part of the record.\nWhenever members of a court-martial deliberate or vote, only the members of the court may be present. All other proceedings, including any other consultation of the members of the court with the counsels or the law officers, shall be made a part of the record and shall be in the presence of the accused, the defense counsel and the trial counsel and in cases where a law officer has been detailed to a court-martial, the law officer.\nHistory —June 23, 1969, No. 62, p. 117, § 1003, eff. 90 days after June 23, 1969.