An investigation is normally directed when it appears the charges are of such a serious nature that trial by general court-martial may be warranted.
This officer may or may not have any legal training, although the use of military attorneys (judge advocates) is recommended and common within service practice.
The commander will ordinarily detail counsel to represent the United States, and in some cases a court reporter and an interpreter; these appointments are, in practical reality, duty assignments made by the criminal law branch of the command judge advocate's office.
As of 2013 in cases where sexual assault is alleged some critics allege an extremely intrusive and aggressive cross examination of the victim is permitted, a practice which has been cited by critics of the military's handling of sexual assault in the United States military.
In one case, a midshipman at the Navy Academy was interrogated for 30 hours over several days about their past sexual behavior.
The exact procedures to be followed in the hearing are not specified in either the Uniform Code of Military Justice or the Manual for Court-Martial.