When may a military court judge extend the period of detention, and what must the military prosecutor file with the application for that extension?
General information · Not legal advice
Material to check
In a practice file of this kind we read the military prosecutor's written application for extension, the material filed with it showing why the investigation should continue, and the military court judge's decision granting the extension, with its date, so the period it covers can be measured.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes each condition of the provision separately: on the military prosecutor's application, and only on that application, a military court judge may grant an extension where the judge finds there is substantial reason to continue the investigation, keeping it within the period the provision sets, and granting it only once.
Another reading points out that the provision says nothing about what follows a refusal of the application, or about what may be done once the single permitted extension has been used up, so a file needing more time than that reaches past what this provision settles.
Your judgment
When the single permitted extension runs out and the investigation is unfinished, what in the file would show that detention may lawfully continue?
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 change the length of the extension, the number of times it may be granted, or the material the application must carry, or if a court decision explains what follows a refused application.