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
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.
Special courts-martial may be convened by—
any person who may convene a general court-martial;
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;
the commanding officer* of a brigade, regiment, detached battalion, or corresponding unit of the Army;
the commanding officer of a wing, group, or separate squadron of the Air Force or a corresponding unit of the Space Force;
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;
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
the commanding officer or officer in charge* of any other command when empowered by the Secretary concerned*.
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.
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.)
- 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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