Section 13A-101 – Definitions
(a) In this title, unless the context otherwise requires, the following words have the meanings indicated. (b) “Accuser” means: (1) a person who signs and swears to charges; (2) a person who directs that charges nominally be signed and sworn to by another; or (3) any other person who has an interest other than an official interest in the prosecution […]
Section 13A-102 – Persons Subject to This Title; Jurisdiction
(a) This title applies to all members of the State military forces at all times. (b) (1) Subject matter jurisdiction is established if a nexus exists between an offense, either military or non–military, and the State military force. (2) Courts–martial have primary jurisdiction of military offenses. (3) (i) A proper civilian court has primary jurisdiction of a non–military offense when an […]
Section 13A-103 – Jurisdiction to Try Certain Personnel
(a) (1) Each person discharged from the State military forces who is later charged with having fraudulently obtained a discharge is, subject to § 13A–708 of this title, subject to trial by court–martial on that charge and is, after apprehension, subject to this title while in custody under the direction of the State military forces for that […]
Section 13A-104 – Territorial Applicability of the Title
(a) (1) Subject to paragraph (2) of this subsection, this title has applicability at all times and in all places, provided that either the person subject to this title is in a duty status or, if not in a duty status, that there is a nexus between the act or omission constituting the offense and the efficient […]
Section 13A-105 – Judge Advocates
(a) The senior force judge advocates in each of the State’s military forces or that judge advocate’s delegates shall make frequent inspections in the field in supervision of the administration of military justice in that force. (b) (1) Convening authorities shall at all times communicate directly with their judge advocates in matters relating to the administration of military […]
Section 13A-106 – Rights of the Victim of an Offense Under This Title
(a) A victim of an offense under this title has all rights conferred by State law in non–military courts, including: (1) the right to be reasonably protected from the accused; (2) the right to reasonable, accurate, and timely notice provided by military trial counsel of: (i) a public hearing concerning the continuation of confinement prior to trial of the […]
Section 13A-201 – Definitions
(a) In this subtitle the following words have the meanings indicated. (b) “Apprehend” means to take a person into custody. (c) “Arrest” means the restraint of a person by an order, not imposed as a punishment for an offense, directing the person to remain within certain specified limits. (d) “Confinement” means the physical restraint of a person.
Section 13A-202 – Apprehension
(a) A person authorized by this title or by 10 U.S.C. 47, or by regulations issued under either, to apprehend persons subject to this title, a marshal of a court–martial appointed pursuant to the provisions of this title, and a peace officer or civil officer having authority to apprehend offenders under the laws of the United […]
Section 13A-203 – Imposition of Restraint
(a) (1) An enlisted member may be ordered into arrest or confinement by a commissioned officer by an order, oral or written, delivered in person or through other persons subject to this title. (2) A commanding officer may authorize warrant officers or noncommissioned officers to order enlisted members of the commanding officer’s command or subject to the commanding […]
Section 13-813
(a) (1) After imposing a sentence of imprisonment and on approval of the findings and sentence of the court by the officer appointing the court, the individual presiding over a court-martial shall make out and sign a certificate entitling the case that includes: (i) the name of the accused; (ii) the date and place of trial; (iii) the date of […]