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Navy duty to self report civil criminal cases

Posted by attorney Philip Cave

The Navy requires personnel to self-report if they have been arrested or are being prosecuted for a criminal offense - this is legal according to the Navy-Marine Corps Court of Criminal Appeals.

Additional resources provided by the author

5.1.6 Notification. Any person arrested or criminally charged
By civil authorities shall immediately advise their immediate
Commander of the fact that they were arrested or charged. The
Term arrest includes an arrest or detention, and the term
Charged includes the filing of criminal charges. Persons are
Only required to disclose the date of arrest/criminal charges,
The arresting/charging authority, and the offense for which they
Were arrested/charged. No person is under a duty to disclose
Any of the underlying facts concerning the basis for their
Arrest or criminal charges. Disclosure of the arrest is
Required to monitor and maintain the personnel readiness,
Welfare, safety, and deployability of the force. Disclosure of
Arrest/criminal charges is not an admission of guilt and may not
Be used as such, nor is it intended to elicit an admission from
The person self-reporting. No person subject to the UCMJ may
Question a person self-reporting an arrest/criminal charges
Regarding any aspect of the self-report, unless they first
Advise the person of their rights under ucmj article 31(b).

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