Title 10 — Health and Safety

(a) Subject to § 63716.1 of this Code, general courts-martial have jurisdiction to try persons subject to this Code for any offense made punishable by this Code and may, under such limitations as the regulations of the Guam military forces may prescribe, adjudge any of the follow…

(a) Subject to § 63716.1 of this Code, special courts-martial have jurisdiction to try persons subject to this Code, except commissioned officers, for any offense for which they may be punished under this Code. A special court-martial has the same powers of punishment as a genera…

(a) Subject to § 63716.1 of this Code, summary courts-martial have the jurisdiction to try persons subject to this Code, except officers, for any offense made punishable by this Code. (b) No person with respect to whom summary courts-martial have jurisdiction may be brought to tr…

The provisions of this Code conferring jurisdiction upon courts-martial do not deprive military commissions, provost courts, or other military tribunals of concurrent jurisdiction with respect to offenders or offenses that by statute or by the law of war may be tried by military …

In the Guam military forces a general courts-martial may be convened by: (a) I Maga’hågan/Maga’låhen Guåhan; or (b) the Adjutant General or any other General Officer in the Guam military forces under disciplinary regulations of such military forces. SOURCE: UCMJ Art. 22. 2026 NOT…

In the Guam military forces not in federal service, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a division, brigade, regiment, wing, group, detached battalion, detached squadron, separate squ…

In the Guam military forces not in federal service, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a division, brigade, regiment, wing, group, detached battalion, detached squadron, separate squ…

(a) Any Guam commissioned officer in duty status is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial. COL 2026-04-23 (b) Any warrant officer in duty status is eligible to serve on general and special cour…

(a) A military judge shall be detailed to each general court-martial. A military judge shall, if not prevented by physical conditions or military exigencies, be detailed to each special and summary court- martial. Regulations shall provide for the manner in which the military jud…

(a) For each general, special, and summary court-martial the authority convening the court shall detail trial counsel and defense counsel and such assistants as he considers appropriate. No person who has acted as investigating officer, military judge, or court member in any case…

Under such regulations as the Adjutant General may prescribe, the convening authority of a general or special court-martial, military commission, or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before t…

(a) No member of a general or special court-martial may be absent or excused after the court has been assembled for the trial of the accused except for physical disability or as the result of a challenge or by order of the convening authority for good cause. (b) Whenever a genera…

(a) Charges and specifications shall be signed by a person subject to this Code under oath before a commissioned officer of the Guam military forces authorized to administer oaths and shall state: (1) That the signer has personal knowledge of, or has investigated, the matters set…

(a) No person subject to this Code may compel any person to incriminate himself or to answer any question the answer to which may tend to incriminate him. (b) No person subject to this Code may interrogate, or request any statement from an accused or a person suspected of an offe…

(a) No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth therein has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, co…

When a person is held for trial by general court-martial the commanding officer shall, within eight (8) days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the officer exercising …

(a) Before directing the trial of any charge by general court-martial, the convening authority shall refer it to his staff judge advocate for consideration and advice. The convening authority may not refer a charge to a general court-martial for trial unless he has been advised i…

The trial counsel to whom general or special court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to be had. The summary court-martial convening authority shall, in the referral of a summary court-martial…

(a) Pretrial, trial, and post-trial procedures, including burdens of proof, for cases arising under this Code triable in courts-martial, military commissions and other military tribunals, and procedures for courts of inquiry, may be prescribed by disciplinary regulations which sh…

(a) No authority convening a general, special or summary court-martial, nor any other commanding officer, or officer serving on the staff thereof, may censure, reprimand, or admonish the court or any member, military judge, or counsel thereof, with respect to the findings or sent…

(a) No person tried by a court provided for by this code shall for the same offense be tried by another court of Guam. (b) No proceedings in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this Article until th…

(a) If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that he has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if he fails o…

(a) The trial counsel, the defense counsel, the accused, and the court-martial shall have equal opportunity to obtain witnesses and other evidence. Each shall have the right of compulsory process for obtaining witnesses. (b) The presiding officer of a court-martial may: (1) Issue…

(a) Any person not subject to this Code who: (1) has been duly subpoenaed to appear as a witness or to produce books, records or other evidence before a court-martial, military commission, court of inquiry, or any other military court or board, or before any military or civil off…

A military court may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disrupts its proceedings by any riot or disorder. The punishment may not exceed confinement of thirty (30) days or a fine of One Hundred Dollars ($100), or bot…

(a) Oral or written deposition, may be taken by any party, at any time, after charges have been signed in accordance with § 63719 of this Code, unless prohibited by a military judge or a court-martial without a military judge hearing the case, or, if the case is not being heard, …

(a) The sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained, may, if otherwise admissible under the rules of evidence, be read in evidence by any party before a court-martial if the …

(a) Voting by members of a general or special court-martial on the findings and on the sentence, and by members of a court-martial without a military judge upon questions of challenge, shall be by secret COL 2026-04-23 written ballot. The junior member of the court shall count th…

(a) No person shall be convicted, if charged under § 63723.60 of this Code of an offense which is a violation of the Guam penal laws and the punishment assessable is that which Guam Penal statutes authorizes, unless the court-martial is before an appropriate court of the territor…

A court-martial shall announce its findings and sentence to the parties as soon as determined. SOURCE: UCMJ Art. 53.

(a) The trial counsel of a general, special, or summary court-martial shall prosecute in the name of Guam, and shall, under the direction of the court, prepare the record of the proceedings. (b) [No text] (1) The accused has the right to be represented in his defense before a gen…

(a) Each general court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of his death, disabil…

(a) At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to § 63719.5, call the court into session without the presence of the members for the purpose of: (1) heari…

[Repealed, reserved, or text not separately stated.]

[Repealed, reserved, or text not separately stated.]

The military judge or a court-martial without a military judge may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just. SOURCE: UCMJ Art. 40.

(a) The military judge and members of a general and special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge, or, if none, the court, shall determine the relevance and validity of challenges for cause, and may n…

(a) Before performing their respective duties, military judges, members of general and special court- martial, trial counsel, assistant trial counsel, defense counsel and assistant or associate defense counsel, reporters, and interpreters shall take an oath to perform their dutie…

(a) A person charged with desertion or absence without leave in time of insurrection, or with aiding the enemy or with mutiny may be tried and punished at any time without limitation. (b) Except as otherwise provided by this Subarticle, a person charged with desertion in time of …

Punishment by flogging, or by branding, marking, or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by a court-martial or inflicted upon any person subject to this Code. The use of irons, single or double, except for the purpose of safe custod…

The punishment which a court-martial may direct for an offense may not exceed such limits prescribed by Guam law and/or this Code nor limits prescribed by disciplinary regulations. SOURCE: UCMJ Art. 56.

(a) Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended or deferred, the forfeiture may apply to pay and allowances becoming due on or after the date the sentence is approved …

(a) A sentence of confinement adjudged by a military court, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried COL 2026-04-23 into execution by confinement in any place of confinement under …

(a) Unless otherwise provided in regulations to be prescribed by the Adjutant General, a court-martial sentence of a member, as approved by the convening authority, that includes a dishonorable or bad-conduct discharge reduces that member to pay grade E-1, effective on the date o…

(a) A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused. (b) Any reviewing authority with the power to approve or affirm a finding of guilty may approve or…

(a) The findings and sentence of a court-martial shall be reported promptly to the convening authority after the announcement of the sentence. (b) The accused may submit to the convening authority matters for consideration by the convening authority with respect to the findings a…

[Repealed, reserved, or text not separately stated.]

(a) The record of trial in each general court-martial that was not reviewed by the Guam Judge Advocate General in the § 63722.5 judge advocate or legal officer review of this Code shall be examined by the Guam Judge Advocate General if there is a finding of guilty and the accused…

[Repealed, reserved, or text not separately stated.]

Discharge; Suspension of Sentence. (a) When a sentence extends to dismissal or a dishonorable or bad-conduct discharge, that part of the sentence providing for dismissal, or dishonorable or bad-conduct discharge may not be executed until COL 2026-04-23 approved by I Maga’håga/Mag…