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10 U.S.C. § 810Art. 10. Restraint of persons charged

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 170 words · no verdicts yet

in plain englishAI-generated · not legal advice

A person subject to this chapter who is charged with an offense may be arrested or confined when circumstances require. Before trial, officials must promptly explain the charge and either try the person or dismiss the charge and release the person.

(a) (1) Subject to (2), a person subject to this chapter charged with an offense under it may be arrested or confined as circumstances require. (2) A person charged only with an offense normally tried by summary court-martial ordinarily must not be confined. (b) (1) Before trial, officials must immediately take steps to (A) tell the person the specific offense charged and (B) try the person or dismiss the charges and release the person. (2) The President must issue regulations for prompt referral, including forwarding charges, specifications, and, when applicable, the section 832 (article 32) preliminary-hearing report.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—
(1)

Subject to paragraph (2), any person subject to this chapter who is charged with an offense under this chapter may be ordered into arrest or confinement as the circumstances require.

(2)

When a person subject to this chapter is charged only with an offense that is normally tried by summary court-martial, the person ordinarily shall not be ordered into confinement.

(b)Notification to Accused and Related Procedures.—
(1)

When a person subject to this chapter is ordered into arrest or confinement before trial, immediate steps shall be taken—

(A)

to inform the person of the specific offense of which the person is accused; and

(B)

to try the person or to dismiss the charges and release the person.

(2)

To facilitate compliance with paragraph (1), the President shall prescribe regulations setting forth procedures relating to referral for trial, including procedures for prompt forwarding of the charges and specifications and, if applicable, the preliminary hearing report submitted under section 832 of this title (article 32).

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 40; Pub. L. 114–328, div. E, title LII, § 5121, Dec. 23, 2016, 130 Stat. 2896.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of Aug. 10, 1956, ch. 1041
  • 2016Amended · Pub. L. 114-328 · 130 Stat. 2896

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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