When can a SPCMCA make a recommendation to a GCMCA regarding Chapter 6 Request?

When can a SPCMCA make a recommendation to a GCMCA regarding Chapter 6 Request?

• A. When the Article 32 report has been forwarded
• B. Immediately after the request
• C. After the deposition is completed
• D. If the accused consents

Answer: (A)

The key process step is that the SPCMCA bases any recommendation to the GCMCA on the Article 32 investigation, and that recommendation can be made only after the Article 32 report has been forwarded. Once the report is in the GCMCA’s hands, the SPCMCA has the necessary factual and legal context to advise on whether to proceed with and what form the Chapter 6 request should take. Making a recommendation before the Article 32 report is forwarded would lack the essential information the investigation produces, and tying the recommendation to deposition completion or accused consent isn’t appropriate—the decision rests on the Article 32 findings and the status of that report.

The key process step is that the SPCMCA bases any recommendation to the GCMCA on the Article 32 investigation, and that recommendation can be made only after the Article 32 report has been forwarded. Once the report is in the GCMCA’s hands, the SPCMCA has the necessary factual and legal context to advise on whether to proceed with and what form the Chapter 6 request should take. Making a recommendation before the Article 32 report is forwarded would lack the essential information the investigation produces, and tying the recommendation to deposition completion or accused consent isn’t appropriate—the decision rests on the Article 32 findings and the status of that report.