SUBCHAPTER II—APPREHENSION AND RESTRAINT
| Sec. | Art. | |
|---|---|---|
| 807. | 7. | Apprehension. |
| 808. | 8. | Apprehension of deserters. |
| 809. | 9. | Imposition of restraint. |
| 810. | 10. | Restraint of persons charged. |
| 811. | 11. | Reports and receiving of prisoners. |
| 812. | 12. | Prohibition of confinement of members of the armed forces with enemy prisoners and certain others. |
| 813. | 13. | Punishment prohibited before trial. |
| 814. | 14. | Delivery of offenders to civil authorities. |
Editorial Notes
Amendments
2017—
2016—
§807. Art. 7. Apprehension
(a) Apprehension is the taking of a person into custody.
(b) Any person authorized under regulations governing the armed forces to apprehend persons subject to this chapter or to trial thereunder may do so upon reasonable belief that an offense has been committed and that the person apprehended committed it.
(c) Commissioned officers, warrant officers, petty officers, and noncommissioned officers have authority to quell quarrels, frays, and disorders among persons subject to this chapter and to apprehend persons subject to this chapter who take part therein.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 807(a) 807(b) |
50:561(a). 50:561(b). |
May 5, 1950, ch. 169, §1 (Art. 7), |
| 807(c) | 50:561(c). |
In subsection (a), the words "into custody" and "of a person" are transposed.
In subsection (c), the words "All" and "shall" are omitted as surplusage. The word "Commissioned" is inserted before the word "officers" for clarity. The word "therein" is substituted for the words "in the same".
§808. Art. 8. Apprehension of deserters
Any civil officer having authority to apprehend offenders under the laws of the United States or of a State, Commonwealth, possession, or the District of Columbia may summarily apprehend a deserter from the armed forces and deliver him into the custody of those forces.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 808 | 50:562. | May 5, 1950, ch. 169, §1 (Art. 8), |
The word "may" is substituted for the words "It shall be lawful for * * * to". The words "a State, Territory, Commonwealth, or possession, or the District of Columbia" are substituted for the words "any State, District, Territory, or possession of the United States". The words "of the United States", before the words "and deliver", are omitted as surplusage. The words "those forces" are substituted for the words "the armed forces of the United States", after the words "custody of".
Editorial Notes
Amendments
2006—
§809. Art. 9. Imposition of restraint
(a) Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing him to remain within certain specified limits. Confinement is the physical restraint of a person.
(b) An enlisted member may be ordered into arrest or confinement by any commissioned officer by an order, oral or written, delivered in person or through other persons subject to this chapter. A commanding officer may authorize warrant officers, petty officers, or noncommissioned officers to order enlisted members of his command or subject to his authority into arrest or confinement.
(c) A commissioned officer, a warrant officer, or a civilian subject to this chapter or to trial thereunder may be ordered into arrest or confinement only by a commanding officer to whose authority he is subject, by an order, oral or written, delivered in person or by another commissioned officer. The authority to order such persons into arrest or confinement may not be delegated.
(d) No person may be ordered into arrest or confinement except for probable cause.
(e) Nothing in this article limits the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 809(a) 809(b) |
50:563(a). 50:563(b). |
May 5, 1950, ch. 169, §1 (Art. 9), |
| 809(c) | 50:563(c). | |
| 809(d) | 50:563(d). | |
| 809(e) | 50:563(e). |
In subsection (b), the word "commissioned" is inserted before the word "officer" for clarity. The words "member" and "members", respectively, are substituted for the words "person" and "persons".
In subsection (c), the words "A commissioned" are substituted for the word "An" for clarity. The word "commissioned" is inserted after the word "another" for clarity.
In subsection (d), the word "may" is substituted for the word "shall".
In subsection (e), the word "limits" is substituted for the words "shall be construed to limit".
§810. Art. 10. Restraint of persons charged
(a)
(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)
(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
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 810 | 50:564. | May 5, 1950, ch. 169, §1 (Art. 10), |
The word "he" is substituted for the words "such person".
Editorial Notes
Amendments
2016—
Statutory Notes and Related Subsidiaries
Effective Date of 2016 Amendment
Amendment by
§811. Art. 11. Reports and receiving of prisoners
(a) No provost marshal, commander of a guard, or master at arms may refuse to receive or keep any prisoner committed to his charge by a commissioned officer of the armed forces, when the committing officer furnishes a statement, signed by him, of the offense charged against the prisoner.
(b) Every commander of a guard or master at arms to whose charge a prisoner is committed shall, within twenty-four hours after that commitment or as soon as he is relieved from guard, report to the commanding officer the name of the prisoner, the offense charged against him, and the name of the person who ordered or authorized the commitment.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 811(a) 811(b) |
50:565(a). 50:565(b). |
May 5, 1950, ch. 169, §1 (Art. 11), |
In subsection (a), the word "may" is substituted for the word "shall". The words "a commissioned" are substituted for the word "an" for clarity.
§812. Art. 12. Prohibition of confinement of members of the armed forces with enemy prisoners and certain others
No member of the armed forces may be placed in confinement in immediate association with—
(1) enemy prisoners; or
(2) other individuals—
(A) who are detained under the law of war and are foreign nationals; and
(B) who are not members of the armed forces.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 812 | 50:566. | May 5, 1950, ch. 169, §1 (Art. 12), |
The words "of the United States" are omitted as surplusage. The word "may" is substituted for the word "shall".
Editorial Notes
Amendments
2016—
Statutory Notes and Related Subsidiaries
Effective Date of 2016 Amendment
Amendment by
§813. Art. 13. Punishment prohibited before trial
No person, while being held for trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him, nor shall the arrest or confinement imposed upon him be any more rigorous than the circumstances require to insure his presence, but he may be subjected to minor punishment during that period for infractions of discipline.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 813 | 50:567. | May 5, 1950, ch. 169, §1 (Art. 13), |
The words "the provisions of" are omitted as surplusage. The word "results" is changed to the singular. The word "may" is substituted for the word "shall".
Editorial Notes
Amendments
1981—
Statutory Notes and Related Subsidiaries
Effective Date of 1981 Amendment
Amendment by
§814. Art. 14. Delivery of offenders to civil authorities
(a) Under such regulations as the Secretary concerned may prescribe, a member of the armed forces accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial.
(b) When delivery under this article is made to any civil authority of a person undergoing sentence of a court-martial, the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial, and the offender after having answered to the civil authorities for his offense shall, upon the request of competent military authority, be returned to military custody for the completion of his sentence.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 814(a) 814(b) |
50:568(a). 50:568(b). |
May 5, 1950, ch. 169, §1 (Art. 14), |
In subsection (a), the words "Secretary concerned" are substituted for the words "Secretary of the Department".
In subsection (b), the word "interrupts" is substituted for the words "shall be held to interrupt". The word "his" is substituted for the words "the said court-martial".