DEPARTMENT OF THE AIR FORCE

1 BY ORDER OF THE SECRETARY OF THE AIR FORCE AIR FORCE INSTRUCTION 51-201 8 DECEMBER 2017 LAW ADMINISTRATION OF MILITARY JUSTICE COMPLIANCE WITH THIS PUBLICATION IS MANDATORY ACCESSIBILITY: Publications and forms are available on the e-Publishing website at for downloading or ordering. RELEASABILITY: There are no releasability restrictions on this publication. OPR: AFLOA/JAJM Supersedes: AFI 51-201, 6 June 2013 Certified by: AF/JAA (Mr. Conrad Von Wald) Pages: 363 Provides direction for the administration of a uniform military justice system. This document has been produced under the Secretary of the Air FORCE 's 11 August 2017 guidance to make all directive publications current by 1 September 2018.

2 Although published, it will be reviewed again prior to 1 September 2019, to ensure it is clear, concise and consistent in accordance with the Secretary's Directive Publication Reduction Initiative. This instruction implements the Uniform Code of Military Justice (UCMJ), the Manual for Courts-Martial, and Air FORCE Policy Directive 51-2, Administration of Military Justice. It provides guidance and procedures for administering military justice. Users of this instruction must familiarize themselves with the UCMJ, Manual for Courts-Martial, including the Rules for Courts Martial and Military Rules of Evidence, and applicable DEPARTMENT of Defense (DoD) Directives.

3 It applies to individuals at all levels, including Regular Air FORCE and Air FORCE Reserve Component. It applies to members of the Air National Guard when in Title 10 status, and members of the Air National Guard subject to recall for UCMJ proceedings. The authorities to waive wing/unit level requirements in this publication are identified with a Tier ( T-0, T-1, T-2, T-3 ) number following the compliance statement. Refer to AFI 33-360, Publications and Forms Management, Table , for a description of the authorities associated with the Tier numbers. Submit requests for waivers through command channels to the appropriate waiver authority, or alternatively, to the publication s Office of Primary Responsibility for non-tiered compliance items.

4 Commands may supplement this instruction only with the prior, written approval of Air FORCE Legal Operations Agency, Military Justice Division (AFLOA/JAJM), 1500 West Perimeter Road, Suite 1130, Joint Base Andrews, Maryland 20762; DSN 612-4820. 2 AFI51-201 8 DECEMBER 2017 This publication requires the collection and or maintenance of information protected by 5 552a, The Privacy Act of 1974. The authorities to collect or maintain the records prescribed in the publication are 10 8013, Secretary of the Air FORCE ; 10 8037, Judge Advocate General; 10 854, Record of Trial; 10 865, Disposition of records after review by the convening authority; and Executive Order 9397 (SSN).

5 The applicable SORN, F051 AFJA I, Military Justice and Magistrate Court Records, is available at: Refer recommended changes and questions about this publication to the Office of Primary Responsibility using the Air FORCE Form 847, Recommendation for Change of Publication; route Air FORCE Forms 847 from the field through major command functional managers. Ensure that all records created as a result of processes prescribed in this publication are maintained in accordance with Air FORCE Manual 33-363, Management of Records, and disposed of in accordance with Air FORCE Records Information Management System Records Disposition Schedule.

6 The use of the name or mark of any specific manufacturer, commercial product, commodity, or service in this publication does not imply endorsement by the Air FORCE . SUMMARY OF CHANGES This document has been substantially revised and must be completely reviewed. The Air FORCE Guidance Memorandum to this instruction, published 3 August 2016, has been incorporated in its entirety. Additionally, all figures previously imbedded in the body of the instruction are now provided as attachments. Other major changes include: modifies the procedures to recall Air FORCE Reserve Command members to active duty for courts-martial; identifies the order of priority for the location at which Air National Guard members will be tried; downgrades waiver authority for the involuntary recall of Air FORCE Reserve Command members; explains official-use records releases to Special Victims Counsel; assigns the Air FORCE Trial Judiciary (AF/JAT) as the manager for the Air FORCE court reporter program; moves the Victim and Witness Assistance Program from Chapter 7 to Chapter 11.

7 Provides travel funds for an escort to accompany certain active duty sexual assault victims consistent with the Joint Travel Regulations; imposes commander and Staff Judge Advocate responsibilities to victims; mandates Annual Sexual Assault Prevention and Response Program First Responder Training for Legal Personnel; provides guidance for pretrial agreements involving mandatory minimum sentences; expands guidance for the content and form of the Report of Result of Trial memorandum; adds requirement for a Staff Judge Advocate Recommendation in Special Courts-Martial where the victim is entitled to submit a statement on clemency pursuant to Rule for Courts Martial 1105A; mandates use of JAJM courts-martial checklists; modifies the metrics and milestones for general, special, and summary courts-martial; requires base-level Staff Judge Advocates to notify commanders when deoxyribonucleic acid (DNA) samples must be collected, and makes commanders responsible for coordinating with Security Forces to ensure the collection is accomplished; and implements the Special Victim Investigation and Prosecution Capability.

8 Chapter 1 OVERVIEW, ROLES AND RESPONSIBILITIES, COMMAND INFLUENCE, AND STANDARDS OF CONDUCT 18 Overview.. 18 AFI51-201 8 DECEMBER 2017 3 Roles and Responsibilities.. 18 Command Influence (Article 37, UCMJ; Rule for Courts-Martial 104).. 19 Standards of Conduct.. 19 Chapter 2 COURT-MARTIAL CONVENING AUTHORITY AND UNIFORM CODE OF MILITARY JUSTICE JURISDICTION 21 Section 2A Court-Martial Convening Authority (Articles 22, 23, and 24, UCMJ; Rule for Courts-Martial 504) 21 General Court-Martial Convening Authority.. 21 Special Court-Martial Convening Authority.. 21 Summary Court-Martial Convening Authority.. 22 Section 2B UCMJ Jurisdiction (Articles 2 and 3, UCMJ; Rules for Courts-Martial 201, 202, 203, and 204) 22 Exercise of UCMJ Jurisdiction.

9 22 Airmen in Air FORCE Tenant, Air FORCE Reserve, and Air National Guard Organizations.. 22 Jurisdiction of the Air FORCE District of Washington.. 23 Airmen in the Air FORCE Legal Operations Agency and Military Judges.. 24 Airmen in Headquarters Air FORCE , Joint Staff, or Office of the Secretary of Defense.. 24 Airmen in the North Atlantic Treaty Organization.. 24 Airmen in Joint Commands and Non-Air FORCE 24 General Officers.. 24 United States Air FORCE Academy Cadets.. 25 Completion of Military Service.. 25 Air FORCE Reserve and Air National Guard Members.. 25 Retired Personnel.. 29 DEPARTMENT of Defense Civilian Employees, DEPARTMENT of Defense Contractor Personnel, and Other Persons.

10 29 Jurisdiction Involving Federal Agencies.. 32 Jurisdiction Involving State or Foreign Prosecution Interest (Rule for Courts-Martial 201(d)).. 33 4 AFI51-201 8 DECEMBER 2017 Chapter 3 PRETRIAL MATTERS, INITIAL DISPOSITION AND PREFERRAL OF CHARGES 36 Section 3A Search, Seizure, and Apprehension 36 Authorization for Search, Seizure, and Apprehension.. 36 United States Mail and Government Information Systems.. 36 Military Defense Counsel.. 37 Military Magistrates (Military Rule of Evidence 315).. 37 Section 3B Pretrial Confinement and Restraint 39 Pretrial Confinement (Rule for Courts-Martial 305).. 39 Section 3C Initial Disposition 43 Disposition Other Than Trial.