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10 U.S.C. § 857 — Art. 57. Effective date of sentences
Federal law — U.S. Code and appendices · legal_authorities
**(a) Execution of Sentences.—** A court-martial sentence shall be executed and take effect as follows:
(1) **Forfeiture and reduction.—** — A forfeiture of pay or allowances shall be applicable to pay and allowances accruing on and after the date on which the sentence takes effect. Any forfeiture of pay or allowances or reduction in grade that is included in a sentence of a court-martial takes effect on the earlier of—
(A) the date that is 14 days after the date on which the sentence is adjudged; or
(B) in the case of a summary court-martial, the date on which the sentence is approved by the convening authority.
(2) **Confinement.—** — Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial, but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement.
(3) **Approval of sentence of death.—** — If the sentence of the court-martial extends to death, that part of the sentence providing for death may not be executed until approved by the President. In such a case, the President may commute, remit, or suspend the sentence, or any part thereof, as the President sees fit. That part of the sentence providing for death may not be suspended.
(4) **Approval of dismissal.—** — If in the case of a commissioned officer, cadet, or midshipman, the sentence of a court-martial extends to dismissal, that part of the sentence providing for dismissal may not be executed until approved by the Secretary concerned or such Under Secretary or Assistant Secretary as may be designated by the Secretary concerned. In such a case, the Secretary, Under Secretary, or Assistant Secretary, as the case may be, may commute, r
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Source file: Laws/federal/codes/united-states-code/title-10/section-857-art-57-effective-date-of-sentences--1e9a8ee9b5.md
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Source location: Title 10, Chapter 47, § 857; chapter-047-uniform-code-of-military-justice.md
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**(a) Execution of Sentences.—** A court-martial sentence shall be executed and take effect as follows:
(1) **Forfeiture and reduction.—** — A forfeiture of pay or allowances shall be applicable to pay and allowances accruing on and after the date on which the sentence takes effect. Any forfeiture of pay or allowances or reduction in grade that is included in a sentence of a court-martial takes effect on the earlier of—
(A) the date that is 14 days after the date on which the sentence is adjudged; or
(B) in the case of a summary court-martial, the date on which the sentence is approved by the convening authority.
(2) **Confinement.—** — Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial, but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement.
(3) **Approval of sentence of death.—** — If the sentence of the court-martial extends to death, that part of the sentence providing for death may not be executed until approved by the President. In such a case, the President may commute, remit, or suspend the sentence, or any part thereof, as the President sees fit. That part of the sentence providing for death may not be suspended.
(4) **Approval of dismissal.—** — If in the case of a commissioned officer, cadet, or midshipman, the sentence of a court-martial extends to dismissal, that part of the sentence providing for dismissal may not be executed until approved by the Secretary concerned or such Under Secretary or Assistant Secretary as may be designated by the Secretary concerned. In such a case, the Secretary, Under Secretary, or Assistant Secretary, as the case may be, may commute, remit, or suspend the sentence, or any part of the sentence, as the Secretary sees fit. In time of war or national emergency he may commute a sentence of dismissal to reduction to any enlisted grade. A person so reduced may be required to serve for the duration of the war or emergency and six months thereafter.
(5) **Completion of appellate review.—** — If a sentence extends to death, dismissal, or a dishonorable or bad-conduct discharge, that part of the sentence extending to death, dismissal, or a dishonorable or bad-conduct discharge may be executed, in accordance with service regulations, after completion of appellate review (and, with respect to death or dismissal, approval under paragraph (3) or (4), as appropriate).
(6) **Other sentences.—** — Except as otherwise provided in this subsection, a general or special court-martial sentence is effective upon entry of judgment and a summary court-martial sentence is effective when the convening authority acts on the sentence.
**(b) Deferral of Sentences.—**
(1) **In general.—** — On application by an accused, the convening authority or, if the accused is no longer under his or her jurisdiction, the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned, may, in his or her sole discretion, defer the effective date of a sentence of confinement, reduction, or forfeiture. The deferment shall terminate upon entry of judgment or, in the case of a summary court-martial, when the convening authority acts on the sentence. The deferment may be rescinded at any time by the officer who granted it or, if the accused is no longer under his jurisdiction, by the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned.
(2) **Deferral of certain persons sentenced to confinement.—** — In any case in which a court-martial sentences a person referred to in paragraph (3) to confinement, the convening authority may defer the service of the sentence to confinement, without the consent of that person, until after the person has been permanently released to the armed forces by a State or foreign country referred to in that paragraph.
(3) **Covered persons.—** — Paragraph (2) applies to a person subject to this chapter who—
(A) while in the custody of a State or foreign country is temporarily returned by that State or foreign country to the armed forces for trial by court-martial; and
(B) after the court-martial, is returned to that State or foreign country under the authority of a mutual agreement or treaty, as the case may be.
(4) **State defined.—** — In this subsection, the term “State” includes the District of Columbia and any Commonwealth, territory, or possession of the United States.
(5) **Deferral while review pending.—** — In any case in which a court-martial sentences a person to confinement, but in which review of the case under [section 867(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section867/a/2&num=0&edition=prelim) (article 67(a)(2)) is pending, the Secretary concerned may defer further service of the sentence to confinement while that review is pending.
**(c) Appellate Review.—**
(1) **Completion of appellate review.—** — Appellate review is complete under this section when—
(A) a review under [section 865 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section865&num=0&edition=prelim) (article 65) is completed; or
(B) a review under [section 866 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section866&num=0&edition=prelim) (article 66) is completed by a Court of Criminal Appeals and—
(i) the time for the accused to file a petition for review by the Court of Appeals for the Armed Forces has expired and the accused has not filed a timely petition for such review and the case is not otherwise under review by that Court;
(ii) such a petition is rejected by the Court of Appeals for the Armed Forces; or
(iii) review is completed in accordance with the judgment of the Court of Appeals for the Armed Forces and—
(I) a petition for a writ of certiorari is not filed within the time limits prescribed by the Supreme Court;
(II) such a petition is rejected by the Supreme Court; or
(III) review is otherwise completed in accordance with the judgment of the Supreme Court.
(2) **Completion as final judgment of legality of proceedings.—** — The completion of appellate review shall constitute a final judgment as to the legality of the proceedings.
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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) Transmittal of Records.—**
(1) **Finding of guilty in general or special court-martial.—** — If the judgment of a general or special court-martial entered under [section 860c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section860c&num=0&edition=prelim) (article 60c) includes a finding of guilty, the record shall be transmitted to the Judge Advocate General.
(2) **Other cases.—** — In all other cases, records of trial by court-martial and related documents shall be transmitted and disposed of as the Secretary concerned may prescribe by regulation.
**(b) Cases for Direct Appeal.—**
(1) **Automatic review.—** — If the judgment includes a sentence of death, dismissal of a commissioned officer, cadet, or midshipman, dishonorable discharge or bad-conduct discharge, or confinement for 2 years or more, the Judge Advocate General shall forward—
(A) the record of trial to the Court of Criminal Appeals for review under [section 866(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section866/b/3&num=0&edition=prelim) (article 66(b)(3)); and
(B) a copy of the record of trial to an appellate defense counsel who shall be detailed to review the case and, upon request of the accused, to represent the accused before the Court of Criminal Appeals.
(2) **Cases eligible for direct appeal review.—**
(A) *In general.—* — If the case is eligible for direct review under [section 866(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section866/b/1&num=0&edition=prelim) (article 66(b)(1)), the Judge Advocate General shall, upon written request of the accused—
(i) forward a copy of the record of trial to an appellate defense counsel who shall be detailed
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 865
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to [section 843 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section843&num=0&edition=prelim) (article 43), a person who is in a status in which the person is subject to this chapter and who committed an offense against this chapter while formerly in a status in which the person was subject to this chapter is not relieved from amenability to the jurisdiction of this chapter for that offense by reason of a termination of that person’s former status.
**(b)** Each person discharged from the armed forces who is later charged with having fraudulently obtained his discharge is, subject to [section 843 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section843&num=0&edition=prelim) (article 43), subject to trial by court-martial on that charge and is after apprehension subject to this chapter while in the custody of the armed forces for that trial. Upon conviction of that charge he is subject to trial by court-martial for all offenses under this chapter committed before the fraudulent discharge.
**(c)** No person who has deserted from the armed forces may be relieved from amenability to the jurisdiction of this chapter by virtue of a separation from any later period of service.
**(d)** A member of a reserve component or the Space Force who is subject to this chapter is not, by virtue of the termination of a period of active duty or inactive-duty training, relieved from amenability to the jurisdiction of this chapter for an offense against this chapter committed during such period of active duty or inactive-duty training.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 803
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Courts of Criminal Appeals.—**
(1) **In general.—** — Each Judge Advocate General shall establish a Court of Criminal Appeals which shall be composed of one or more panels, and each such panel shall be composed of not less than three appellate military judges. For the purpose of reviewing court-martial cases, the court may sit in panels or as a whole in accordance with rules prescribed under subsection (h). Any decision of a panel may be reconsidered by the court sitting as a whole in accordance with such rules. Appellate military judges who are assigned to a Court of Criminal Appeals may be commissioned officers or civilians, each of whom must be a member of a bar of a Federal court or of the highest court of a State and must be certified by the Judge Advocate General as qualified, by reason of education, training, experience, and judicial temperament, for duty as an appellate military judge. The Judge Advocate General shall designate as chief judge one of the appellate military judges of the Court of Criminal Appeals established by him. The chief judge shall determine on which panels of the court the appellate judges assigned to the court will serve and which military judge assigned to the court will act as the senior judge on each panel. In accordance with regulations prescribed by the President, assignments of appellate military judges under this section (article) shall be for appropriate minimum periods, subject to such exceptions as may be authorized in the regulations.
(2) **Additional qualifications.—** — In addition to any other qualifications specified in paragraph (1), any commissioned officer or civilian assigned as an appellate military judge to a Court of Criminal Appeals shall have not fewer than 12 years of experience in the practice of law befor
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 813
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) A court-martial sentence described in paragraph (2) shall result in the forfeiture of pay, or of pay and allowances, due that member during any period of confinement or parole. The forfeiture pursuant to this section shall take effect on the date determined under [section 857 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section857&num=0&edition=prelim) (article 57) and may be deferred as provided in that section. The pay and allowances forfeited, in the case of a general court-martial, shall be all pay and allowances due that member during such period and, in the case of a special court-martial, shall be two-thirds of all pay due that member during such period.
(2) A sentence covered by this section is any sentence that includes—
(A) confinement for more than six months or death; or
(B) confinement for six months or less and a dishonorable or bad-conduct discharge or dismissal.
**(b)** In a case involving an accused who has dependents, the convening authority or other person acting under section 860a or 860b of this title (article 60a or 60b) may waive any or all of the forfeitures of pay and allowances required by subsection (a) for a period not to exceed six months. Any amount of pay or allowances that, except for a waiver under this subsection, would be forfeited shall be paid, as the convening authority or other person taking action directs, to the dependents of the accused.
**(c)** If the sentence of a member who forfeits pay and allowances under subsection (a) is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in subsection (a)(2), the member shall be paid the pay and allowances which the member would have been paid, except for the forfeiture, for the perio
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Before the vacation of the suspension of a special court-martial sentence which as approved includes a bad-conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation. The special court-martial convening authority may detail a judge advocate, who is certified under [section 827(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section827/b&num=0&edition=prelim) (article 27(b)), to conduct the hearing. The probationer shall be represented at the hearing by counsel if the probationer so desires.
**(b)** The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the officer exercising general court-martial jurisdiction over the probationer. If the officer exercising general court-martial jurisdiction vacates the suspension, any unexecuted part of the sentence, except a dismissal, shall be executed, subject to applicable restrictions in [section 857 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section857&num=0&edition=prelim) (article 57). The vacation of the suspension of a dismissal is not effective until approved by the Secretary concerned.
**(c)** The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 872
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 636, act May 5, 1950, ch. 169, § 1, 64 Stat. 126, prohibited cruel and unusual punishments. See [section 855 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section855&num=0&edition=prelim), Armed Forces.
Section 637, act May 5, 1950, ch. 169, § 1, 64 Stat. 126, related to maximum limits of punishment. See [section 856 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section856&num=0&edition=prelim).
Section 638, act May 5, 1950, ch. 169, § 1, 64 Stat. 126, provided for effective date of sentences. See [section 857 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section857&num=0&edition=prelim).
Section 639, act May 5, 1950, ch. 169, § 1, 64 Stat. 126, related to execution of confinement. See [section 854 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section854&num=0&edition=prelim).
#### Effective Date of Repeal
Repeal effective Jan. 1, 1957, see act Aug. 10, 1956, ch. 1041, § 53 footnote, 70A Stat. 680.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 636 to 639
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Federal law — U.S. Code and appendices · legal_authorities
Page 775
TITLE 10—ARMED FORCES
§ 857
ious aspects of the military criminal justice sys-
tem. The Board may establish separate advisory
groups consisting of individuals with current or re-
cent experience in command and in senior enlisted
positions, individuals with experience in the trial of
courts-martial, and such other groups as the Board
deems appropriate.
‘‘(viii) The Board shall submit to the President,
through the Secretary of Defense, proposed amend-
ments to the rules for courts-martial with respect
to sentencing proceedings and maximum punish-
ments, together with statements explaining the
basis for the proposed amendments.’’
GUIDELINES ON SENTENCES FOR OFFENSES COMMITTED
UNDER THE UNIFORM CODE OF MILITARY JUSTICE
Pub. L. 116–92, div. A, title V, § 537, Dec. 20, 2019, 133
Stat. 1363, which required the Secretary of Defense to
develop nonbinding guidelines on sentences for offenses
under chapter 47 of this title, not later than one year
after date on which first report of Military Justice Re-
view Panel is submitted to Committees on Armed Serv-
ices of Senate and House of Representatives pursuant
to section 946(f)(5) of this title, was repealed by Pub. L.
117–81, div. A, title V, § 539E(g), Dec. 27, 2021, 135 Stat.
1706. See section 539E(e) of Pub. L. 117–81, set out as a
note above.
Executive Documents
PRESCRIPTION OF METHOD OF DESIGNATING A MEMBER OF
THE MILITARY SENTENCING PARAMETERS AND CRITERIA
BOARD
Memorandum of President of the United States, June
21, 2022, 87 F.R. 37971, provided:
Memorandum for the Secretary of Defense
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including section 539E(e)(4)(B) of the National
Defense Authorization Act for Fiscal Year 2022, Pub
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 857
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