<P> Trial by summary court - martial provides a simple procedure for resolution of charges of relatively minor misconduct committed by enlisted members of the military . Officers may not be tried by summary court - martial . The enlisted accused must consent to be tried by summary court - martial, and if consent is not provided then the command may dispose of the allegation through other means, including directing that the case be tried before a special or general court - martial . The summary court - martial consists of one individual, who is not a military attorney, but still functions as judge and acts as the sole finder of fact . The maximum punishment at a summary court - martial varies with the accused's paygrade . If the accused is in the pay grade of E-4 or below, he or she can be sentenced to 30 days of confinement, reduction to pay grade E-1, or restriction for 60 days . Punishments for service members in paygrades E-5 and higher (e.g., Sergeant in the Army or Marines, Petty Officer 2nd Class in the Navy) are similar, except that they can only be reduced one paygrade and cannot be confined . An accused before a summary court - martial is not entitled to receive legal representation from military defense counsel . However, while not required by law, some services, such as the United States Air Force, provide the accused at a trial by summary court - martial free military counsel as a matter of policy . If the government chooses not to provide free military defense counsel to the accused, then that person may retain civilian counsel to represent them, at their own expense . </P> <P> A special court - martial is the intermediate court level . It consists of a military judge, trial counsel (prosecutor), defense counsel, and a minimum of three officers sitting as a panel of court members or jury . An enlisted accused may request a court composed of at least one - third enlisted personnel . An accused may also request trial by judge alone . Regardless of the offenses involved, a special court - martial sentence is limited to no more than forfeiture of two - thirds basic pay per month for one year, and additionally for enlisted personnel, one year confinement (or a lesser amount if the offenses have a lower maximum), and / or a bad - conduct discharge . An accused before a special court - martial is entitled to free legal representation by military defense counsel, and can also retain civilian counsel at his or her expense . </P> <P> A general court - martial is the highest court level . It consists of a military judge, trial counsel (prosecutor), defense counsel, and a minimum of five officers sitting as a panel of court - martial members . An enlisted accused may request a court composed of at least one - third enlisted personnel . An accused may also request trial by judge alone . In a general court - martial, the maximum punishment is that set for each offense under the Manual for Courts - Martial (MCM), and may include death (for certain offenses), confinement, a dishonorable or bad conduct discharge for enlisted personnel, a dismissal for officers, or a number of other forms of punishment . A general court - martial is the only forum that may adjudge a sentence to death . Before a case goes to a general court - martial, a pretrial investigation under Article 32 of the Uniform Code of Military Justice must be conducted, unless waived by the accused . An accused before a general court - martial is entitled to free legal representation by military defense counsel, and can also retain civilian counsel at his or her expense . </P> <P> Under Article 10 of the UCMJ, "immediate steps" should be taken to bring the accused to trial . Although there is currently no upper time limit on detention before trial, Rule 707 of the Manual for Courts - Martial prescribes a general maximum of 120 days for "speedy trial". Under Article 13, punishment other than arrest or confinement is prohibited before trial, and confinement should be no more rigorous than is required to ensure the accused's presence at trial . </P>

Who represents the accused during a court martial
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