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

Summary

Certain officers can call a summary court-martial. That includes anyone who can call a general or special court-martial, commanders of detached Army companies or Air Force squadrons (and equivalent Space Force units), and other commanders if the relevant Secretary gives permission. If only one commissioned officer is with a unit, that officer must act as the summary court-martial and decide summary cases. A higher authority can still order a summary court-martial in any case if they think it is needed.

Title 10, §824

Armed Forces — Source: USLM XML via OLRC

(a)Summary courts-martial may be convened by—

(1)any person who may convene a general or special court-martial;

(2)the commanding officer of a detached company, or other detachment of the Army;

(3)the commanding officer of a detached squadron or other detachment of the Air Force or a corresponding unit of the Space Force; or

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

(b)When only one commissioned officer is present with a command or detachment he shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases brought before him. Summary courts-martial may, however, be convened in any case by superior competent authority when considered desirable by him.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 824(a)824(b)50:588(a).50:588(b).May 5, 1950, ch. 169, § 1 (Art. 24), 64 Stat. 116. In subsection (a)(4), the words “Secretary concerned” are substituted for the words “Secretary of a Department”. In subsection (b), the words “only one commissioned” are substituted for the words “but one” for clarity. The word “considered” is substituted for the word “deemed”.

Editorial Notes

Amendments

2021—Subsec. (a)(3). Pub. L. 116–283 inserted “or a corresponding unit of the Space Force” after “Air Force”.

§824 Art. 24. Who may convene summary courts-martial