§ 3265. — Initial proceedings.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3265]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 212--MILITARY EXTRATERRITORIAL JURISDICTION
Sec. 3265. Initial proceedings
(a)(1) In the case of any person arrested for or charged with a
violation of section 3261(a) who is not delivered to authorities of a
foreign country under section 3263, the initial appearance of that
person under the Federal Rules of Criminal Procedure--
(A) shall be conducted by a Federal magistrate judge; and
(B) may be carried out by telephony or such other means that
enables voice communication among the participants, including any
counsel representing the person.
(2) In conducting the initial appearance, the Federal magistrate
judge shall also determine whether there is probable cause to believe
that an offense under section 3261(a) was committed and that the person
committed it.
(3) If the Federal magistrate judge determines that probable cause
exists that the person committed an offense under section 3261(a), and
if no motion is made seeking the person's detention before trial, the
Federal magistrate judge shall also determine at the initial appearance
the conditions of the person's release before trial under chapter 207 of
this title.
(b) In the case of any person described in subsection (a), any
detention hearing of that person under section 3142(f)--
(1) shall be conducted by a Federal magistrate judge; and
(2) at the request of the person, may be carried out by
telephony or such other means that enables voice communication among
the participants, including any counsel representing the person.
(c)(1) If any initial proceeding under this section with respect to
any such person is conducted while the person is outside the United
States, and the person is entitled to have counsel appointed for
purposes of such proceeding, the Federal magistrate judge may appoint as
such counsel for purposes of such hearing a qualified military counsel.
(2) For purposes of this subsection, the term ``qualified military
counsel'' means a judge advocate made available by the Secretary of
Defense for purposes of such proceedings, who--
(A) is a graduate of an accredited law school or is a member of
the bar of a Federal court or of the highest court of a State; and
(B) is certified as competent to perform such duties by the
Judge Advocate General of the armed force of which he is a member.
(Added Pub. L. 106-523, Sec. 2(a), Nov. 22, 2000, 114 Stat. 2490.)
References in Text
The Federal Rules of Criminal Procedure, referred to in subsec.
(a)(1), are set out in the Appendix to this title.
Section Referred to in Other Sections
This section is referred to in sections 3264, 3266 of this title.
