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10 U.S.C. § 823 — Art. 23. Who may convene special courts-martial
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Special courts-martial may be convened by—
(1) any person who may convene a general court-martial;
(2) the commanding officer of a district, garrison, fort, camp, station, Air Force or Space Force military installation, auxiliary air field, or other place where members of the Army, the Air Force, or the Space Force are on duty;
(3) the commanding officer of a brigade, regiment, detached battalion, or corresponding unit of the Army;
(4) the commanding officer of a wing, group, or separate squadron of the Air Force or a corresponding unit of the Space Force;
(5) the commanding officer of any naval or Coast Guard vessel, shipyard, base, or station; the commanding officer of any Marine brigade, regiment, detached battalion, or corresponding unit; the commanding officer of any Marine barracks, wing, group, separate squadron, station, base, auxiliary air field, or other place where members of the Marine Corps are on duty;
(6) the commanding officer of any separate or detached command or group of detached units of any of the armed forces placed under a single commander for this purpose; or
(7) the commanding officer or officer in charge of any other command when empowered by the Secretary concerned.
**(b)**
(1) If any such officer is an accuser, the court shall be convened by superior competent authority, and may in any case be convened by such authority if considered advisable by him.
(2) A commanding officer shall not be considered an accuser solely due to the role of the commanding officer in convening a special court-martial to which charges and specifications were referred by a special trial counsel in accordance with this chapter.
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Stable record: federal_law:legal_authorities:record_usc_c4435c2f1c8fc183d83a6ef0
Source file: Laws/federal/codes/united-states-code/title-10/section-823-art-23-who-may-convene-special-courts-martial--6756fcba5a.md
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Source location: Title 10, Chapter 47, § 823; chapter-047-uniform-code-of-military-justice.md
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**(a)** Special courts-martial may be convened by—
(1) any person who may convene a general court-martial;
(2) the commanding officer of a district, garrison, fort, camp, station, Air Force or Space Force military installation, auxiliary air field, or other place where members of the Army, the Air Force, or the Space Force are on duty;
(3) the commanding officer of a brigade, regiment, detached battalion, or corresponding unit of the Army;
(4) the commanding officer of a wing, group, or separate squadron of the Air Force or a corresponding unit of the Space Force;
(5) the commanding officer of any naval or Coast Guard vessel, shipyard, base, or station; the commanding officer of any Marine brigade, regiment, detached battalion, or corresponding unit; the commanding officer of any Marine barracks, wing, group, separate squadron, station, base, auxiliary air field, or other place where members of the Marine Corps are on duty;
(6) the commanding officer of any separate or detached command or group of detached units of any of the armed forces placed under a single commander for this purpose; or
(7) the commanding officer or officer in charge of any other command when empowered by the Secretary concerned.
**(b)**
(1) If any such officer is an accuser, the court shall be convened by superior competent authority, and may in any case be convened by such authority if considered advisable by him.
(2) A commanding officer shall not be considered an accuser solely due to the role of the commanding officer in convening a special court-martial to which charges and specifications were referred by a special trial counsel in accordance with this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter (the Uniform Code of Military Justice):
(1) The term “Judge Advocate General” means, severally, the Judge Advocates General of the Army, Navy, and Air Force and, except when the Coast Guard is operating as a service in the Navy, an official designated to serve as Judge Advocate General of the Coast Guard by the Secretary of Homeland Security.
(2) The Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force.
(3) The term “commanding officer” includes only commissioned officers.
(4) The term “officer in charge” means a member of the Navy, the Marine Corps, or the Coast Guard designated as such by appropriate authority.
(5) The term “superior commissioned officer” means a commissioned officer superior in rank or command.
(6) The term “cadet” means a cadet of the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy.
(7) The term “midshipman” means a midshipman of the United States Naval Academy and any other midshipman on active duty in the naval service.
(8) The term “military” refers to any or all of the armed forces.
(9) The term “accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused.
(10) The term “military judge” means a judge advocate designated under [section 826(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section826/c&num=0&edition=prelim) (article 26(c)) who is detailed under section 826(a) or [section 830a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 801
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 542
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 586, act May 5, 1950, ch. 169, § 1, 64 Stat. 115, prescribed persons who may convene general courts-martial. See [section 822 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section822&num=0&edition=prelim), Armed Forces.
Section 587, act May 5, 1950, ch. 169, § 1, 64 Stat. 115, prescribed persons who may convene special courts-martial. See [section 823 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section823&num=0&edition=prelim).
Section 588, act May 5, 1950, ch. 169, § 1, 64 Stat. 116, prescribed persons who may convene summary courts-martial. See [section 824 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section824&num=0&edition=prelim).
Section 589, act May 5, 1950, ch. 169, § 1, 64 Stat. 116, related to persons who may serve on courts-martial. See [section 825 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section825&num=0&edition=prelim).
Section 590, act May 5, 1950, ch. 169, § 1, 64 Stat. 117, provided for law officer of a general court-martial. See [section 826 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section826&num=0&edition=prelim).
Section 591, act May 5, 1950, ch. 169, § 1, 64 Stat. 117, related to appointment of trial counsel and defense counsel. See [section 827 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section827&num=0&edition=prelim).
Section 592, act May 5, 1950, ch. 169, § 1, 64 Stat. 117, provided for appointment of reporters and interpreters. See [section 828 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section828&num=0&edition=prelim).
Section 593, act May 5
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 586 to 593
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Federal law — U.S. Code and appendices · legal_authorities
Page 735
TITLE 10—ARMED FORCES
§ 823
(6) the commander of a fleet; the com-
manding officer of a naval station or larger
shore activity of the Navy beyond the United
States;
(7) the commanding officer of an air com-
mand, an air force, an air division, or a sepa-
rate wing of the Air Force or Marine Corps, or
the commanding officer of a corresponding
unit of the Space Force;
(8) any other commanding officer designated
by the Secretary concerned; or
(9) any other commanding officer in any of
the armed forces when empowered by the
President.
(b)(1) If any such commanding officer is an ac-
cuser, the court shall be convened by superior
competent authority, and may in any case be
convened by such authority if considered desir-
able by him.
(2) A commanding officer shall not be consid-
ered an accuser solely due to the role of the
commanding officer in convening a general
court-martial to which charges and specifica-
tions were referred by a special trial counsel in
accordance with this chapter.
(Aug. 10, 1956, ch. 1041, 70A Stat. 44; Pub. L.
99–433, title II, § 211(b), Oct. 1, 1986, 100 Stat. 1017;
Pub. L. 109–163, div. A, title X, § 1057(a)(2), Jan. 6,
2006, 119 Stat. 3440; Pub. L. 114–328, div. E, title
LV, § 5181, Dec. 23, 2016, 130 Stat. 2899; Pub. L.
116–283, div. A, title IX, § 924(b)(21)(A), Jan. 1,
2021, 134 Stat. 3824; Pub. L. 117–81, div. A, title V,
§ 534(a), Dec. 27, 2021, 135 Stat. 1696.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
822(a) ......
822(b) ......
50:586(a).
50:586(b).
May 5, 1950, ch. 169, § 1
(Art. 22), 64 Stat. 115.
Subsection (a)(2) is substituted for the words ‘‘the
Secretary of a Department’’.
In subsection (a)(4), the words ‘‘continental limits of
the’’ are om
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 823
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