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Expansion of victim access to Court of Appeals for the Armed Forces

Division A · Title V: MILITARY PERSONNEL POLICY · Subtitle E: Military Justice

Plain-language summaryAI

Victims of certain military offenses can now ask the highest military appeals court to review decisions made by lower military appeals courts regarding their petitions. They must file this request within 60 days after being notified of the lower court's decision. The highest military appeals court will give priority to these victim-related cases.

AI-generated from this section’s text — a quick orientation, not a substitute for the full text below. Not legal advice.

Section Text · Sec. 547.
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(a) Review by Court of Appeals for the Armed Forces

Section 867 of title 10, United States Code (article 67 of the Uniform Code of Military Justice), is amended—

(1)

by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; and

(2)

by inserting after subsection (b) the following new subsection:

(c)
(1)

The Court of Appeals for the Armed Forces may review all decisions taken by a Court of Criminal Appeals pursuant to a petition filed by a victim of an offense under this chapter under section 806b(e) of this title (article 6b(e)) and on good cause shown.

(3)

The victim of an offense under this chapter may petition the Court of Appeals for the Armed Forces for review pursuant to paragraph (1) not later than 60 days after the earlier of—

(A)

the date on which the victim is notified of the decision of the Court of Criminal Appeals on a petition pursuant to section 806b(e) of this title (article 6b(e)); or

(B)

the date on which a copy of the decision of the Court of Criminal Appeals, after being served on counsel for the victim (if the victim has counsel), is deposited into the United States mails for delivery by first-class certified mail to the victim at an address provided by the victim or at the latest address listed for the victim in the record of any proceedings held pursuant to section 830a or 832 of this title (article 30a or 32) or during trial.

(4)

Review of any decision of a Court of Criminal Appeals on a petition for writ of mandamus described in section 806b(e) of this title (article 6b(e)) shall have priority in the Court of Appeals for the Armed Forces, as determined under the rules of the Court of Appeals for the Armed Forces.

(b) Conforming amendment

Section 806b(e)(3) of title 10, United States Code (article 6b(e)(3) of the Uniform Code of Military Justice), is amended by striking subparagraph (C).