GroundRules
← Search the law
South Carolina · Through 2025 Session of the General Assembly

S.C. Code Ann. § 25-1-2830: Rehearings.

Read at publisher ↗
Where this section sits in the code
  1. Title 25 - MILITARY, CIVIL DEFENSE AND VETERANS AFFAIRS
  2. CHAPTER 1 Military Code
  3. ARTICLE 19 Code of Military Justice for the National Guard

If the convening authority disapproves the findings and sentence of a court-martial, he may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In such a case he shall state the reasons for disapproval. If he disapproves the findings and sentence and does not order a rehearing, he shall dismiss the charges.

Each rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which he was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be imposed, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory.

Collected 2026-09-02T06:53:39Z. Source file · JSON

Browse this collection