DA Form 5112: Pretrial Confinement Checklist (PDF) – DA Form 5112 serves as the official U.S. Army checklist for pretrial confinement. Commanders, legal personnel, and military justice professionals use it to document the decision to place a Soldier in pretrial confinement under the Uniform Code of Military Justice (UCMJ) and AR 27-10.
This article explains the form’s purpose, when and how to use it, key requirements, and provides the official download link. It is written for U.S. Army service members, commanders, and their families seeking clear, up-to-date information.
What Is DA Form 5112?
DA Form 5112, titled Checklist for Pretrial Confinement, is a two-page form dated September 2002. The Office of The Judge Advocate General (OTJAG) is the proponent, and it is prescribed by AR 27-10.
The form helps commanders systematically document:
- Soldier’s personal and service information
- Prior disciplinary history
- Specific reasons justifying pretrial confinement
- Decision of the military magistrate
It ensures compliance with legal requirements for pretrial confinement and becomes part of the record of trial.
Purpose of the Pretrial Confinement Checklist
The primary purpose of DA Form 5112 is to support the commander’s decision to impose pretrial confinement and facilitate the required military magistrate review. It requires the commander to articulate probable cause and the necessity of confinement over lesser forms of restraint.
Key justifications documented on the form include:
- Probable cause that an offense under the UCMJ was committed by the accused
- Necessity to ensure the accused’s presence at trial, hearings, or investigations
- Prevention of foreseeable serious criminal misconduct or obstruction of justice
- Inadequacy of lesser restraints (e.g., restriction in lieu of arrest)
This structured checklist promotes due process and helps withstand legal scrutiny during magistrate reviews and court-martial proceedings.
When Is DA Form 5112 Required?
Commanders must complete DA Form 5112 when placing a Soldier in pretrial confinement. AR 27-10 requires providing the completed form (including a statement of the basis for the decision) to the military magistrate no later than 36 hours after imposition of confinement.
The form is also critical for the 48-hour and 72-hour reviews, as well as the full magistrate’s pretrial confinement hearing (typically within 7 days). The original DA Form 5112 must be included in the record of trial.
Key Sections of DA Form 5112
Soldier Information
- Name, grade, unit, age, ETS date, total service
- Marital status, spouse location, number of children
- Prior Article 15s, courts-martial, and current offenses
Justification for Confinement
Commanders must provide specific reasons in these areas:
- a. Probable cause that an offense was committed by the accused
- b. Need to ensure presence at future proceedings (flight risk)
- c. Prevention of serious criminal misconduct or obstruction of justice
- d. Why lesser forms of restraint are inadequate
Each section requires detailed, individualized explanations rather than boilerplate language.
Commander’s Certification
The commander signs and dates the form, certifying the information and decision.
Military Magistrate Decision
The reviewing military magistrate indicates whether continued pretrial confinement is warranted or orders release.
Step-by-Step Process for Pretrial Confinement
- Initial Decision — Commander determines probable cause and necessity.
- Complete DA Form 5112 — Within hours of confinement.
- Submit for Review — Provide to military magistrate within 36 hours.
- Magistrate Review — Independent review of the form, confinement order (DD Form 2707), and supporting documents.
- Ongoing Reviews — 48/72-hour reviews and full hearing if requested.
- Documentation — Retain original form for the trial record.
Download Official DA Form 5112
Official PDF Download (Army Publishing Directorate):
DA Form 5112 – Checklist for Pretrial Confinement
Use only the current version from armypubs.army.mil for official purposes. Previous editions are obsolete.
Best Practices and Common Issues
- Provide specific facts rather than conclusions in the justification sections.
- Coordinate closely with trial counsel (JAG) when preparing the form.
- Ensure all supporting documents (charge sheet, evidence summaries) accompany the submission.
- Document why alternatives like restriction were considered and rejected.
Failure to properly complete or timely submit DA Form 5112 can result in release from confinement or challenges at trial.
Related Resources and Regulations
- AR 27-10 Military Justice (current version)
- Rules for Courts-Martial (R.C.M.) 305 – Pretrial Confinement
- DD Form 2707 – Confinement Order
- Military Magistrate SOP and guidance from Trial Judiciary
For the most current guidance, consult your local Staff Judge Advocate (SJA) office.
Note: This article is for informational purposes only and does not constitute legal advice. Military justice procedures can change; always verify with official sources and qualified legal counsel.
Last updated for 2026 – Information based on current Army regulations and publications.