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<section article="gps" article_name="Public Safety" number="13A-605" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="6" subtitle_name="Pre–trial Procedure">
  <level label="a">
    <level label="1">
      <text>Before directing the trial of any charge by general court–martial, the convening authority shall refer the charge to a judge advocate for consideration and advice.</text>
    </level>
    <level label="2">
      <text>The convening authority may not refer a specification under a charge to a general court–martial for trial unless the convening authority has been advised in writing by a judge advocate that:</text>
      <level label="i">
        <text>the specification alleges an offense under this title;</text>
      </level>
      <level label="ii">
        <text>the specification is warranted by the evidence indicated in the report of investigation under § 13A–603 of this subtitle if there is such a report; and</text>
      </level>
      <level label="iii">
        <text>a court–martial would have jurisdiction over the accused and the offense.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>The advice of the judge advocate under subsection (a) of this section with respect to a specification under a charge shall include a written and signed statement by the judge advocate:</text>
      <level label="i">
        <text>expressing conclusions with respect to each matter set forth in subsection (a) of this section; and</text>
      </level>
      <level label="ii">
        <text>recommending action that the convening authority take regarding the specification.</text>
      </level>
    </level>
    <level label="2">
      <text>If the specification is referred for trial, the recommendation of the judge advocate shall accompany the specification.</text>
    </level>
  </level>
  <level label="c">
    <text>If the charges or specifications are not correct formally or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections, and such changes in the charges and specifications as are needed to make them conform to the evidence, may be made.</text>
  </level>
</section>
