Section 13A-206 – Punishment Prohibited Before Trial
No person, while being held for trial or awaiting a verdict, may be subjected to punishment or penalty other than arrest or confinement on the charges pending against the person, nor shall the arrest or confinement imposed on such person be any more rigorous than the circumstances required to ensure the person’s presence, but the […]
Section 13A-207 – Delivery of Offenders to Civil Authorities
(a) A person subject to this title accused of an offense against civil authority may be delivered, on request, to the civil authority for trial or confinement. (b) When delivery under this section is made to a civil authority of a person undergoing sentence of a court–martial, the delivery, if followed by conviction in a civil tribunal, […]
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 13A-204 – Restraint of Persons Charged With Offenses
(a) A person subject to this title charged with an offense under this title may be ordered into arrest or confinement, as circumstances may require. (b) When a person subject to this title is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform the person of the specific wrong of which […]
Section 13A-205 – Place of Confinement; Reports and Receiving of Prisoners
(a) If a person subject to this title is confined before, during, or after trial, confinement shall be in a civilian or military confinement facility. (b) No person authorized to receive prisoners pursuant to subsection (a) of this section may refuse to receive or keep a prisoner committed to the person’s charge by a commissioned officer of […]