Title 51, MILITARY AFFAIRS

(a) General rule.--This part has applicability at all times and in all places, provided that the person accused is subject to this part and subject matter jurisdiction is established under section 5104 (relating to subject matter jurisdiction). (b) Location of proceedings.--Court…

(a) Appointment of State Judge Advocate.--The Governor, on the recommendation of the Adjutant General, shall appoint a judge advocate officer of the State military forces as the State Judge Advocate. To be eligible for appointment, such officer shall have been a member of the bar…

(a) Persons authorized to apprehend.--Any person authorized by this part, by 10 U.S.C. Ch. 47 (relating to Uniform Code of Military Justice) or by regulations issued under: (1) any marshal of a court-martial appointed under the provisions of this part; or (2) any peace officer or…

Any civil officer having authority to apprehend offenders under the laws of the United States or of this Commonwealth, or any military officer subject to this part who has been authorized by the Governor by regulation, may summarily apprehend any person subject to this part absen…

(a) Enlisted personnel.--An enlisted person subject to this part may be ordered into arrest or confinement by any commissioned officer by an order, oral or written, delivered in person or through other persons subject to this part or through any person authorized by this part to …

(a) General rule.--Any person subject to this part charged with an offense under this part may be ordered into arrest or confinement. When any person subject to this part is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform the person of the…

Persons subject to this part confined before, during or after trial by a military court shall be confined in a civilian or military confinement facility. Cross References. Section 5205 is referred to in section 5206 of this title.

(a) Duty to receive prisoner.--Unless otherwise authorized by law, no facility authorized to receive prisoners under section 5205 (relating to place of confinement) may refuse to receive or keep any prisoner subject to this part and committed to the facility's charge by a commiss…

Subject to section 5804 (relating to effective date of sentence), no person subject to this part while being held for trial or the result of trial may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against the person, nor shall the…

(a) General rule.--Under such regulations as may be prescribed under this part, a person subject to this part accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial or confinement. (b) Effect on sentence of court-martial.--W…

No member of the State military forces may be placed in confinement in immediate association with enemy prisoners or other foreign nationals who are not members of the armed forces.

(a) General rule.--Under such regulations as the Governor may prescribe, any commanding officer or officer-in-charge may impose disciplinary punishments for minor offenses without the intervention of a court-martial. The Governor, the Adjutant General or a general officer or colo…

The three kinds of courts-martial in the State military forces are: (1) General courts-martial, consisting of: (i) a military judge and not less than five members; or (ii) only a military judge if, before the court is assembled, the accused, knowing the identity of the military j…

Each force of the State military forces has court-martial jurisdiction over all members of the force who are subject to this part. The Pennsylvania National Guard has court-martial jurisdiction over all members subject to this part. Cross References. Section 5402 is referred to i…

Subject to section 5402 (relating to jurisdiction of courts-martial in general), general courts-martial have jurisdiction to try persons subject to this part for any offense made punishable by this part and may, under such limitations as the Governor may prescribe, adjudge any pu…

Subject to section 5402 (relating to jurisdiction of courts-martial in general), special courts-martial shall have jurisdiction to try persons subject to this part for any offense made punishable by this part and may, under such limitations as the Governor may prescribe, adjudge …

(a) General rule.--Subject to section 5402 (relating to jurisdiction of courts-martial in general), summary courts-martial shall have jurisdiction to try all persons subject to this part, except officers, cadets, candidates and midshipmen, for any offense made punishable by this …

In the State military forces, no sentence of dismissal, dishonorable discharge or bad-conduct discharge shall be executed until it is approved by the Governor. Cross References. Section 5406 is referred to in section 6111 of this title.

A complete written record of proceedings and testimony shall be made for any general court-martial under this part. A bad- conduct discharge may not be adjudged by any special court-martial unless a complete written record of the proceedings and testimony before the court has bee…

2012 Repeal. Section 5408 was repealed October 24, 2012, P.L.1506, No.192, effective in one year.

(a) General rule.--General courts-martial may be convened by any of the following: (1) The Governor. (2) The Adjutant General. (3) A deputy adjutant general authorized by a regulation of the Governor. (4) The commanding general of a division. (5) The general officer in command of…

(a) General rule.--Special courts-martial may be convened by any of the following: (1) Any person who may convene a general court-martial. (2) The commanding officer of a garrison, fort, post, camp, station, Pennsylvania National Guard base or station. (3) The commanding officer …

(a) General rule.--Summary courts-martial may be convened by any of the following: (1) Any person who may convene a general or special court-martial. (2) The commanding officer of a company, a detached company or other detachment or corresponding unit of the Army. (3) The command…

(a) Commissioned officer.--Any commissioned officer of the State military forces who is not a member of the same unit as the accused is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial. (b) Warrant office…

(a) General rule.--A military judge shall be detailed to each general and special court-martial. The military judge shall preside over each open session of the court-martial to which the military judge has been detailed. (b) Eligibility.--A military judge shall be: (1) a judge ad…

(a) General rule.--For each general and special court-martial, the convening authority for the court shall detail trial counsel, defense counsel and such assistants as are appropriate. No person who has acted as investigating officer, military judge, witness or court member in an…

Under such regulations as the Governor or department may prescribe, the convening authority of a general or special court-martial or court of inquiry shall detail or employ qualified court reporters who shall record the proceedings of and testimony taken before that court. Under …

(a) Authorized absence.--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 by the military judge as a result of a challenge, for physical disability or other good cause or by order of t…

(a) Execution and contents.--Charges and specifications shall be signed by a person subject to this part under oath before a commissioned officer authorized by this part to administer oaths and shall state: (1) That the signer has personal knowledge of or has investigated the mat…

(a) General rule.--No person subject to this part shall compel any person to incriminate himself or to answer any question the answer to which may tend to incriminate the person. (b) Advising accused of rights.--No person subject to this part shall interrogate or request any stat…

(a) General rule.--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 …

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

(a) General rule.--Before directing the trial of any charge by general court-martial, the convening authority shall refer it to a judge advocate for consideration and advice. The convening authority shall not refer a specification under a charge to a general court-martial for tri…

The trial counsel to whom 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. No person shall, against the person's objection, be brought to trial in a general court-martial case within a peri…

(a) General rule.--Pretrial, trial and posttrial procedures, including modes of proof, in court-martial cases arising under this part and for courts of inquiry may be prescribed by the Governor or the department as delegated by the Governor, by regulations, which shall apply the …

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

(a) Trial counsel.--The trial counsel of a general or special court-martial shall prosecute in the name of the Commonwealth and shall, under the direction of the court, prepare the record of the proceedings. (b) Defense counsel.-- (1) The accused has the right to be represented i…

(a) Proceedings in absence of members.--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 section 5606 (relating to service of charges), call the court into s…

The military judge of a court-martial or a summary court-martial may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just.

(a) Challenges for cause.--The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge shall determine the relevancy and validity of challenges for cause and shall not…

(a) General rule.--Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, reporters and interpreters shall take an oath or affirmation in the pr…

(a) Two-year limitation.--Except as otherwise provided in this part, a person subject to this part charged with any offense shall not be liable to be tried by court-martial or punished under section 5301 (relating to commanding officer's nonjudicial punishment) if the offense was…

(a) General rule.--No person subject to this part shall, without the person's consent, be tried a second time for the same offense. Prosecution under this part shall not bar prosecution by civil authorities for a crime or offense growing out of the same act or omission committed …

(a) Inadequacy or lack of pleading.--A plea of not guilty shall be entered in the record, and the court shall proceed as though the accused had pleaded not guilty, if, after arraignment before a court martial: (1) an accused makes an irregular pleading; (2) after a plea of guilty…

(a) General rule.--The trial counsel, the defense counsel and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the Governor or department may prescribe. (b) Issuance of process.--The following shall apply…

Any person not subject to this part who has been duly subpoenaed to appear as a witness or to produce books and records before a court-martial or court of inquiry or before any military or civil officer designated to take a deposition to be read in evidence before such a court, w…