10 U.S.C. § 824

Current through P.L. 116-344 (published on www.congress.gov on 01/13/2021), except for [P. L. 116-283]
Section 824 - Art. 24. Who may convene summary courts-martial
(a) Summary courts-martial may be convened by-
(1) any person who may convene a general or special court-martial;
(2) the commanding officer of a detached company, or other detachment of the Army;
(3) the commanding officer of a detached squadron or other detachment of the Air Force; or
(4) the commanding officer or officer in charge of any other command when empowered by the Secretary concerned.
(b) When only one commissioned officer is present with a command or detachment he shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases brought before him. Summary courts-martial may, however, be convened in any case by superior competent authority when considered desirable by him.

10 U.S.C. § 824

Aug. 10, 1956, ch. 1041, 70A Stat. 45.

HISTORICAL AND REVISION NOTES
Revised sectionSource (U.S. Code)Source (Statutes at Large)
824(a)

824(b)

50:588(a).

50:588(b).

May 5, 1950, ch. 169, §1 (Art. 24), 64 Stat. 116.
In subsection (a)(4), the words "Secretary concerned" are substituted for the words "Secretary of a Department". In subsection (b), the words "only one commissioned" are substituted for the words "but one" for clarity. The word "considered" is substituted for the word "deemed".

Secretary concerned
The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
commissioned officer
The term "commissioned officer" includes a commissioned warrant officer.
officer
The term "officer" means a commissioned or warrant officer.