When a summary trial is applied for, which papers must the military police unit's commander submit to the military judge, and at what moment?
General information · Not legal advice
Material to check
In a practice file of this kind, we read the summary trial application and note the date it was lodged, then the bundle of documents and evidence items delivered to the military judge with it, and any receipt or record showing whether they arrived at the same time as the application.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision as it stands: the commander of the competent military police unit is the actor, and that commander must, at the same time as the summary trial application, submit to the military judge the documents or evidence needed for the summary trial, so the submission and the application are tied to one moment.
Another reading notes what the provision does not set out: it does not list which documents count as needed for the summary trial, it does not say how the papers must reach the military judge, and it is silent on what follows if they arrive later than the application or on whether the person subject to the summary trial receives copies of them.
Your judgment
If the papers reached the military judge some time after the application, how could the file show which documents the summary trial genuinely required?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to name the required documents, fix a method of delivery or address late submission, or if a decision explains what counts as documents and evidence needed for a summary trial.