Section 112 – Individual confined prior to trial — Punishment limitations.
Effective 5/4/2022 39A-5-112. Individual confined prior to trial — Punishment limitations. (1) Subject to Section 39A-5-110, an individual in confinement prior to trial may not be subjected to punishment or penalty other than arrest or confinement while the charges are pending. (2) The arrest or confinement imposed on a prisoner may not be more rigorous […]
Section 113 – Individual accused of offense against civilian — Sentences of military and civilian courts.
Effective 5/4/2022 39A-5-113. Individual accused of offense against civilian — Sentences of military and civilian courts. (1) A service member on duty and subject to this chapter who is accused of an offense against a civilian individual may be delivered, upon request, to a civilian authority for judicial proceedings. (2) (a) If an individual under […]
Section 114 – Charges and specifications — Contents — Notification of accused.
Effective 5/4/2022 39A-5-114. Charges and specifications — Contents — Notification of accused. (1) Charges and specifications shall be signed by a member subject to this chapter under oath before an individual authorized to administer oaths and shall state that: (a) the individual signing has personal knowledge of, or has investigated, the matters set forth in […]
Section 115 – Individual charged — Limits on evidence obtained from other individuals.
Effective 5/4/2022 39A-5-115. Individual charged — Limits on evidence obtained from other individuals. (1) An individual subject to this chapter may not: (a) compel any individual to incriminate himself or herself or to answer any question, the answer to which may tend to incriminate the individual; (b) interrogate, or request any statement from an accused […]
Section 116 – Charges to be forwarded to governor or adjutant general.
Effective 5/4/2022 39A-5-116. Charges to be forwarded to governor or adjutant general. When an individual is held for trial by military court, the commanding officer shall forward the charges, together with the investigation and related papers, to the governor or the adjutant general within five working days, excluding holidays, after the accused is ordered into […]
Section 117 – Review of charge by SJA — Corrections to charges.
Effective 5/4/2022 39A-5-117. Review of charge by SJA — Corrections to charges. (1) (a) Before directing the trial of any charge by a military court, the convening authority shall refer the charge to the SJA for consideration and advice. (b) The convening authority may not refer a charge to a military court for trial unless […]
Section 118 – Service of charges on accused.
Effective 5/4/2022 39A-5-118. Service of charges on accused. (1) The trial counsel to whom charges are referred for trial shall cause to be served upon the accused a copy of the charges to be tried. (2) An individual may not, against his or her objection, be brought to trial or be required to participate in […]
Section 119 – Chapter interpretation — Federal law governs.
Effective 5/4/2022 39A-5-119. Chapter interpretation — Federal law governs. (1) Federal laws and regulations, forms, precedents, and usages relating to and governing the armed forces of the United States and the National Guard not inconsistent with the constitution and laws of this state or with a rule or regulation adopted pursuant to Section 39A-3-102, apply […]
Section 107 – Apprehension.
Effective 5/4/2022 39A-5-107. Apprehension. (1) An individual authorized under this chapter or rules promulgated pursuant to this chapter to apprehend individuals subject to this chapter, any provost marshal of a military court appointed under this chapter, and any peace officer authorized by law, may apprehend individuals subject to this chapter upon probable cause to believe […]
Section 108 – Arrest.
Effective 5/4/2022 39A-5-108. Arrest. (1) An enlisted service member may be ordered into arrest or confinement by any commanding officer by an order, oral or written, delivered in person or through individuals subject to this chapter, or through an individual authorized by this chapter to apprehend individuals. (2) A commanding officer may authorize warrant officers […]