Define: Convening Order

A convening order is a document issued by a military authority that initiates a court-martial or other military legal proceedings. It outlines the charges, the jurisdiction, and the composition of the court.

The convening authority, typically a commanding officer or military judge, has the authority to issue a convening order.

A convening order includes details such as the accused’s name, rank, and unit, the charges and specifications, the date and time of the court martial, and the names of the court members.

Yes, a convening order can be challenged if it is found to be defective or if it violates any legal requirements. The accused or their defence counsel can file a motion to dismiss or challenge the convening order.

Yes, a convening order can be amended if necessary. However, any amendments must be made in accordance with the applicable military rules and regulations.

If a convening order is not properly served to the accused, it may result in a violation of their due process rights. The accused may request a delay or dismissal of the proceedings until proper service is achieved.

No, a convening order itself cannot be appealed. However, the decisions made during the court-martial proceedings can be appealed through the appropriate military appellate process.

Yes, if there is evidence of unlawful command influence in the issuance of the convening order, it can be challenged. Unlawful command influence refers to actions or statements that improperly influence the outcome of a court martial.

No, a convening order is not required for non-judicial punishment. NJP is a disciplinary action that is typically handled by a commanding officer without the need for a formal court martial.