§823 — Title 10 Armed Forces | U.S. Code

Summary

Certain commanders and officers can order a special court-martial. That includes anyone who can order a general court-martial and commanders in charge of Army posts, brigades, regiments, battalions; Air Force or Space Force wings, groups, squadrons, and installations; Navy or Coast Guard ships, shipyards, bases, or stations; Marine units and bases; commanders of separate or detached groups placed under one leader; and any other commander the Secretary allows. If the officer who would order the court is the person bringing the accusation, a higher authority must order the court instead. That higher authority may also order a court in any case if it seems advisable. A commander is not treated as the accuser just because they sent charges to a special trial counsel who referred them to a court.

Title 10, §823

Armed Forces — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (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”.

Editorial Notes

Amendments

2021—Subsec. (a)(2). Pub. L. 117–81, § 1081(a)(13), inserted comma after “Army”. Pub. L. 116–283, § 924(b)(21)(B)(i), substituted “Air Force or Space Force military installation” for “Air Force base” and “the Air Force, or the Space Force” for “or the Air Force”. Subsec. (a)(4). Pub. L. 116–283, § 924(b)(21)(B)(ii), inserted “or a corresponding unit of the Space Force” after “Air Force”. Subsec. (b). Pub. L. 117–81, § 534(b), designated existing provisions as par. (1) and added par. (2).

Statutory Notes and Related Subsidiaries

Effective Date

of 2021 AmendmentAmendment by section 534(b) of Pub. L. 117–81 effective on the date that is two years after Dec. 27, 2021, and applicable with respect to offenses that occur after that date, with provisions for delayed effect and applicability if

Regulations

are not prescribed by the President before the date that is two years after Dec. 27, 2021, see section 539C of Pub. L. 117–81, set out as a note under section 801 of this title.

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 section 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.

§823 Art. 23. Who may convene special courts-martial