§ 5401. Courts-martial classified. 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 judge and after consultation with […]
§ 5402. Jurisdiction of courts-martial in general. 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 in sections 5403, 5404, 5405 […]
§ 5403. Jurisdiction of general courts-martial. 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 punishment not prohibited by this part including […]
§ 5404. Jurisdiction of special courts-martial. 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 any of the following punishments: (1) A […]
§ 5405. Jurisdiction of summary courts-martial. (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 part and may, under such limitations as the Governor may […]
§ 5406. Sentences of dismissal, dishonorable discharge or bad conduct to be approved by Governor. 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.
§ 5407. Record of proceedings. 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 been made.
§ 5408. Confinement instead of fine (Repealed). 2012 Repeal. Section 5408 was repealed October 24, 2012, P.L.1506, No.192, effective in one year.
