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10 U.S.C. § 810 — Art. 10. Restraint of persons charged
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) Subject to paragraph (2), any person subject to this chapter who is charged with an offense under this chapter may be ordered into arrest or confinement as the circumstances require.
(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) Notification to Accused and Related Procedures.—**
(1) When a person subject to this chapter is ordered into arrest or confinement before trial, immediate steps shall be taken—
(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 [section 832 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section832&num=0&edition=prelim) (article 32).
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Stable record: federal_law:legal_authorities:record_usc_c7b420d92534a4249192b548
Source file: Laws/federal/codes/united-states-code/title-10/section-810-art-10-restraint-of-persons-charged--cf2b83f6c3.md
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Source location: Title 10, Chapter 47, § 810; chapter-047-uniform-code-of-military-justice.md
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**(a) In General.—**
(1) Subject to paragraph (2), any person subject to this chapter who is charged with an offense under this chapter may be ordered into arrest or confinement as the circumstances require.
(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) Notification to Accused and Related Procedures.—**
(1) When a person subject to this chapter is ordered into arrest or confinement before trial, immediate steps shall be taken—
(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 [section 832 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section832&num=0&edition=prelim) (article 32).
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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
**(a) In General.—**
(1)
(A) Except as provided in subparagraph (B), a preliminary hearing shall be held before referral of charges and specifications for trial by general court-martial. The preliminary hearing shall be conducted by an impartial hearing officer detailed in accordance with subparagraph (C).
(B) Under regulations prescribed by the President, a preliminary hearing need not be held if the accused submits a written waiver to—
(i) except as provided in clause (ii), the convening authority and the convening authority determines that a hearing is not required; and
(ii) with respect to charges and specifications over which the special trial counsel is exercising authority in accordance with [section 824a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section824a&num=0&edition=prelim) (article 24a), the special trial counsel and the special trial counsel determines that a hearing is not required.
(C)
(i) Except as provided in clause (ii), the convening authority shall detail a hearing officer.
(ii) If a special trial counsel is exercising authority over the charges and specifications subject to a preliminary hearing under this section (article), the special trial counsel shall request a hearing officer and a hearing officer shall be provided by the convening authority, in accordance with regulations prescribed by the President.
(2) The purpose of the preliminary hearing shall be limited to determining the following:
(A) Whether or not the specification alleges an offense under this chapter.
(B) Whether or not there is probable cause to believe that the accused committed the offense charged.
(C) Whether or not the convening authority has court-martial jurisdiction over the accused and ove
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 832
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 561, act May 5, 1950, ch. 169, § 1, 64 Stat. 111, related to apprehension. See [section 807 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section807&num=0&edition=prelim), Armed Forces.
Section 562, act May 5, 1950, ch. 169, § 1, 64 Stat. 111, provided for apprehension of deserters. See [section 808 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section808&num=0&edition=prelim).
Section 563, act May 5, 1950, ch. 169, § 1, 64 Stat. 111, related to imposition of restraint. See [section 809 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section809&num=0&edition=prelim).
Section 564, act May 5, 1950, ch. 169, § 1, 64 Stat. 111, related to restraint of persons charged with offenses. See [section 810 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section810&num=0&edition=prelim).
Section 565, act May 5, 1950, ch. 169, § 1, 64 Stat. 112, provided for reports and receiving of prisoners. See [section 811 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section811&num=0&edition=prelim).
Section 566, act May 5, 1950, ch. 169, § 1, 64 Stat. 112, prohibited confinement of members of armed forces with enemy prisoners. See [section 812 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section812&num=0&edition=prelim).
Section 567, act May 5, 1950, ch. 169, § 1, 64 Stat. 112, prohibited punishment before trial. See [section 813 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section813&num=0&edition=prelim).
Section 568, act May 5, 1950, ch. 169, § 1, 64 Stat. 112, related to delivery of offenders to civil authorit
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 561 to 568
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Federal law — U.S. Code and appendices · legal_authorities
Page 726
TITLE 10—ARMED FORCES
§ 808
(Aug. 10, 1956, ch. 1041, 70A Stat. 39.)
HISTORICAL AND REVISION NOTES
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), 64 Stat. 111.
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 in-
serted 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 appre-
hend offenders under the laws of the United
States or of a State, Commonwealth, possession,
or the District of Columbia may summarily ap-
prehend a deserter from the armed forces and
deliver him into the custody of those forces.
(Aug. 10, 1956, ch. 1041, 70A Stat. 40; Pub. L.
109–163, div. A, title X, § 1057(a)(4), Jan. 6, 2006,
119 Stat. 3440.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
808 ..........
50:562.
May 5, 1950, ch. 169, § 1
(Art. 8), 64 Stat. 111.
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 Co-
lumbia’’ are substituted for the words ‘‘any State, Dis-
trict, 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—Pub. L. 109–163 s
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 810
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