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10 U.S.C. § 823 — Art. 23. Who may convene special courts-martial

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 272 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section lists the officers who may convene special courts-martial. It also explains what happens if the officer is an accuser.

(a) A special court-martial may be convened by: (1) anyone who may convene a general court-martial; (2) the commanding officer of an Army, Air Force, or Space Force district, garrison, fort, camp, station, installation, auxiliary air field, or other place where those members serve; (3) the commanding officer of an Army brigade, regiment, detached battalion, or corresponding unit; (4) the commanding officer of an Air Force wing, group, or separate squadron, or a corresponding Space Force unit; (5) the commanding officer of a Navy or Coast Guard vessel, shipyard, base, or station; the commanding officer of a Marine brigade, regiment, or detached battalion or corresponding unit; or the commanding officer of a Marine barracks, wing, group, separate squadron, station, base, auxiliary air field, or other place where Marines serve; (6) the commanding officer of a separate or detached command, or group of detached units, placed under one commander for this purpose; or (7) the commanding officer or officer in charge of another command when the Secretary concerned gives that officer the power to convene one.

(b)(1) If one of these officers is an accuser, a superior competent authority must convene the court. That superior authority may convene it in any case if the authority considers that advisable. (2) A commanding officer is not an accuser merely because the officer convened a special court-martial to which a special trial counsel referred charges and specifications under this chapter.

the actual law source: uscode.house.gov ↗public domain
(a)

Special courts-martial may be convened by—

(1)

any person who may convene a general court-martial;

(2)

the commanding officer of a district, garrison, fort, camp, station, Air Force or Space Force military installation, auxiliary air field, or other place where members of the Army, the Air Force, or the Space Force are on duty;

(3)

the commanding officer of a brigade, regiment, detached battalion, or corresponding unit of the Army;

(4)

the commanding officer of a wing, group, or separate squadron of the Air Force or a corresponding unit of the Space Force;

(5)

the commanding officer of any naval or Coast Guard vessel, shipyard, base, or station; the commanding officer of any Marine brigade, regiment, detached battalion, or corresponding unit; the commanding officer of any Marine barracks, wing, group, separate squadron, station, base, auxiliary air field, or other place where members of the Marine Corps are on duty;

(6)

the commanding officer of any separate or detached command or group of detached units of any of the armed forces placed under a single commander for this purpose; or

(7)

the commanding officer or officer in charge of any other command when empowered by the Secretary concerned.

(b)
(1)

If any such officer is an accuser, the court shall be convened by superior competent authority, and may in any case be convened by such authority if considered advisable by him.

(2)

A commanding officer shall not be considered an accuser solely due to the role of the commanding officer in convening a special court-martial to which charges and specifications were referred by a special trial counsel in accordance with this chapter.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 44; Pub. L. 116–283, div. A, title IX, § 924(b)(21)(B), Jan. 1, 2021, 134 Stat. 3824; Pub. L. 117–81, div. A, title V, § 534(b), title X, § 1081(a)(13), Dec. 27, 2021, 135 Stat. 1696, 1920.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of Aug. 10, 1956, ch. 1041
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 3824
  • 2021Amended · Pub. L. 117-81 · 135 Stat. 1696, 1920

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

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