PRIA, Government Policy, Made Personal

Summary

Anyone covered by this military law who is charged with an offense can be put under arrest or held in confinement when needed. But if the charge is only for an offense normally handled by a summary court-martial, the person usually must not be held in confinement. If someone is arrested or held before trial, officials must quickly tell them exactly what they are accused of and must either try them or drop the charges and release them. The President must make rules for sending cases to trial, including promptly forwarding the charges and specifications and, if needed, the preliminary hearing report under section 832 (article 32).

Title 10, §810

Armed Forces, Source: USLM XML via OLRC

(a)In General.—

(1)Subject to paragraph (2), any person subject to this chapter who is charged with an offense under this chapter may be ordered into arrest or confinement as the circumstances require.

(2)When a person subject to this chapter is charged only with an offense that is normally tried by summary court-martial, the person ordinarily shall not be ordered into confinement.

(b)Notification to Accused and Related Procedures.—

(1)When a person subject to this chapter is ordered into arrest or confinement before trial, immediate steps shall be taken—

(A)to inform the person of the specific offense of which the person is accused; and

(B)to try the person or to dismiss the charges and release the person.

(2)To facilitate compliance with paragraph (1), the President shall prescribe regulations setting forth procedures relating to referral for trial, including procedures for prompt forwarding of the charges and specifications and, if applicable, the preliminary hearing report submitted under section 832 of this title (article 32).

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 81050:564.May 5, 1950, ch. 169, § 1 (Art. 10), 64 Stat. 111. The word “he” is substituted for the words “such person”.

Editorial Notes

Amendments

2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “Any person subject to this chapter charged with an offense under this chapter shall be ordered into arrest or confinement, as circumstances may require; but when charged only with an offense normally tried by a summary court-martial, he shall not ordinarily be placed in confinement. When any person subject to this chapter is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform him of the specific wrong of which he is accused and to try him or to dismiss the charges and release him.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing

Regulations

and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

§810 Art. 10. Restraint of Persons Charged