S.C. Code § 25-1-2530

Current through 2024 Act No. 209.
Section 25-1-2530 - Types of courts-martial

There may be three types of courts-martial in the state military forces:

1. general court-martial, consisting of:
(a) a military judge and not less than five members; or
(b) only a military judge if, before the court is assembled, the accused, knowing the identity of the military judge, and after consultation with defense counsel, requests in writing a court composed only of a military judge, and the military judge approves;
2. special court-martial, consisting of:
(a) a military judge and not less than three members; or
(b) only a military judge, if one has been detailed to the court, and the accused under the same conditions as prescribed in item (b) of subsection 1 of this section so requests; and
3. summary court-martial, consisting of one officer, the state military judge, a judge advocate detailed to the court as the hearing officer, or a panel of three officers.

S.C. Code § 25-1-2530

Amended by 2024 S.C. Acts, Act No. 145 (HB 4642),s 6, eff. 5/13/2024.
2001 Act No. 85, Section 30; 1964 (53) 2241)] En by 1984 Act No. 378, Section 15; 1962 Code Section 44-183; 1952 Code Sections 44-183 to 44-187; New Section 25-1-2530 [derived from former Section 25-1-2830 (1950 (46) 1881; 1964 (53) 2241] recodified as Sections 25-1-2910, 25-1-2915 and 25-1-3025 by 1984 Act No. 378; 1962 Code Section 44-164; 1952 Code Section 44-164; Former Section 25-1-2530 [1950 (46) 1881.