After the conclusion of an Article 32 preliminary hearing, the Preliminary Hearing Officer (PHO) is required to submit a formal, written report to the convening authority who directed the hearing. This report is a comprehensive document that serves as the official record and analysis of the proceedings. Its format and required contents are detailed in the Manual for Courts-Martial (MCM).
The report must begin by summarizing the essential administrative details of the hearing, such as who was present, whether the accused was represented by counsel, and whether any rights were waived. The core of the report is a summary of the evidence presented. The PHO will synopsize the testimony of each witness and describe the documentary and physical evidence that was admitted. This section provides the convening authority with a clear overview of the factual basis of the case.
Following the summary of evidence, the PHO must make specific findings regarding probable cause. For each separate charge and specification, the PHO must state whether there is probable cause to believe that an offense was committed and that the accused committed it. The PHO is required to explain the reasoning behind these findings, linking them back to the evidence presented during the hearing.
Finally, and perhaps most importantly, the report must conclude with the PHO’s recommendations for disposition. The PHO will recommend whether each charge should be referred to a general court-martial, referred to a different forum (like a special court-martial), modified, or dismissed entirely. This recommendation is the PHO’s professional judgment on how the case should proceed based on the evidence, and it is a critical piece of advice for the convening authority.