Is pre-trial confinement authorized under military law?

Pre-trial confinement is indeed governed by specific criteria under military law. The correct choice indicates that confinement is not permitted unless charges are formally referred for trial. This aligns with the procedural requirements in military justice, which ensure that an individual must have formal charges against them before being subjected to confinement.

The rationale here is rooted in the principle of due process, where individuals must have clarity around the charges and the basis for their confinement. This serves to protect service members from potential unjust treatment and to ensure that pre-trial confinement is utilized as a measure of necessity rather than a punitive action.

The other choices do not accurately reflect the legal framework governing pre-trial confinement. For instance, the assertion that confinement is always authorized disregards the necessity of having formal charges; similarly, stating that it is never authorized does not recognize situations where it is applicable under specific legal standards. Understanding the nuances surrounding pre-trial confinement is crucial for maintaining the integrity of military justice.