10-U.S.C.-823

10-U.S.C.-823

§823 – Art. 23. Who May Convene Special Courts-Martial

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Title 10 > Subtitle A > Part II > Chapter 47 > Subchapter V > Section 823

Details

  • Reference: Section 823
  • Legend: §823 – Art. 23. Who May Convene Special Courts-Martial
  • USCode Year: 2013

Provision Content

(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 base, auxiliary air field, or other place where members of the Army or the Air 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;

(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) 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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 44.)

Historical and Revision Notes
Revised section Source (U.S. Code) Source (Statutes at Large)
823(a)
823(b)

50:587(a).
50:587(b).

May 5, 1950, ch. 169, §1 (Art. 23), 64 Stat. 115.

In subsection (a)(7), the words Secretary concerned are substituted for the words Secretary of a Department.

In subsection (b), the word If is substituted for the word When. The words if considered are substituted for the words when deemed.

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

U.S. Encyclopedia of Law Coverage

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10-U.S.C.-876A in the Legal Encyclopedia: Uniform Code of Military Justice

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10-U.S.C.-822 in the Legal Encyclopedia: Justice

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