10 U.S.C. § 824

Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)

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 a corresponding unit of the Space 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; Pub. L. 116-283, div. A, title IX, §924(b)(21)(C), Jan. 1, 2021, 134 Stat. 3824.

HISTORICAL AND REVISION NOTES
Revised section	Source (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".

EDITORIAL NOTES

AMENDMENTS2021-Subsec. (a)(3). Pub. L. 116-283 inserted "or a corresponding unit of the Space Force" after "Air Force".

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.