Title 10 — Armed Forces
Part II · Chapter 47 — Uniform Code of Military Justice
§ 816. Art. 16. Courts-martial classified
Statutory text
In General.—
The three kinds of courts-martial in each of the armed forces are the following:
General courts-martial, as described in subsection (b).
Special courts-martial, as described in subsection (c).
Summary courts-martial, as described in subsection (d).
General Courts-martial.—
General courts-martial are of the following three types:
A general court-martial consisting of a military judge and eight members, subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29).
In a capital case, a general court-martial consisting of a military judge and the number of members determined under section 825a of this title (article 25a), subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29).
A general court-martial consisting of a military judge alone, if, before the court is assembled, the accused, knowing the identity of the military judge and after consultation with defense counsel, requests, orally on the record or in writing, a court composed of a military judge alone and the military judge approves the request.
Special Courts-martial.—
Special courts-martial are of the following two types:
A special court-martial consisting of a military judge and four members, subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29).
A special court-martial consisting of a military judge alone—
if the case is so referred, subject to section 819 of this title (article 19) and such limitations as the President may prescribe by regulation; or
if the case is referred under paragraph (1) and, before the court is assembled, the accused, knowing the identity of the military judge and after consultation with defense counsel, requests, orally on the record or in writing, a court composed of a military judge alone and the military judge approves the request.
Summary Court-martial.—
A summary court-martial consists of one commissioned officer.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Aug. 10, 1956, ch. 1041, 70A Stat. 42 · 70A Stat. 42
Enacted · 10 U.S.C. § 816
Aug. 10, 1956, ch. 1041, 70A Stat. 42
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 42Military Justice Act of 1968
Pub. L. 90–632 § 2(3) · 82 Stat. 1335
Added · 10 U.S.C. § 816
Pub. L. 90–632 provided that a general or special court-martial shall consist of only a military judge if the accused, before the court is assembled, so requests in writing and the military judge approves, with the added requirements that the accused know the identity of the military judge and have the advice of counsel, and that the election be available in the case of a special court-martial only if a military judge has been detailed to the court
Source evidence
Code amendment note
Pub. L. 90–632 provided that a general or special court-martial shall consist of only a military judge if the accused, before the court is assembled, so requests in writing and the military judge approves, with the added requirements that the accused know the identity of the military judge and have the advice of counsel, and that the election be available in the case of a special court-martial only if a military judge has been detailed to the court.Enacted provision · exact public law section
(3) Section 816 (article 16) is amended to read as follows: “§ 816. Art. 16. Courts-martial classified “The three kinds of courts-martial in each of the armed forces are— “(1) general courts-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 courts-martial, consisting of— “(A) not less than three members; or “(B) a military judge and not less than three members; or “(C) only a military judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed in clause (1)(B) so requests; and “(3) summary courts-martial, consisting of one commissioned officer.”Military Justice Act of 1983
Pub. L. 98–209 § 3(a) · 97 Stat. 1393
Substituted · 10 U.S.C. § 816(1)(B)
Pub. L. 98–209 substituted “orally on the record or in writing” for “in writing”
Source evidence
Code amendment note
Par. (1)(B). Pub. L. 98–209 substituted “orally on the record or in writing” for “in writing”.Enacted provision · exact public law section
(a) 10 USC 816. Section 816(1)(B) (article 16(1)(B)) is amended by inserting “orally on the record or” before “in writing”.National Defense Authorization Act for Fiscal Year 2002
Pub. L. 107–107 div. A title V § 582(a) · 115 Stat. 1012
Inserted · 10 U.S.C. § 816(1)(A)
Pub. L. 107–107 inserted “or, in a case in which the accused may be sentenced to a penalty of death, the number of members determined under section 825a of this title (article 25a)” after “five members”
Source evidence
Code amendment note
Par. (1)(A). Pub. L. 107–107 inserted “or, in a case in which the accused may be sentenced to a penalty of death, the number of members determined under section 825a of this title (article 25a)” after “five members”.Enacted provision · exact public law section
(a) Classification of General Court-Martial in Capital Cases.— Section 816(1)(A) of title 10, United States Code (article 16(1)(A) of the Uniform Code of Military Justice) is amended by inserting after “five members” the following: “or, in a case in which the accused may be sentenced to a penalty of death, the number of members determined under section 825a of this title (article 25a)”.Military Justice Act of 2016
Pub. L. 114–328 div. E title LIV § 5161 · 130 Stat. 2000
Amended · 10 U.S.C. § 816
Pub. L. 114–328 amended section generally. Prior to amendment, section defined the three kinds of courts-martial in each of the armed forces
Source evidence
Code amendment note
Pub. L. 114–328 amended section generally. Prior to amendment, section defined the three kinds of courts-martial in each of the armed forces.Enacted provision · exact public law section
SEC. 5161. COURTS-MARTIAL CLASSIFIED. Section 816 of title 10, United States Code (article 16 of the Uniform Code of Military Justice), is amended to read as follows: “§ 816. Art 16. Courts-martial classified “(a) In General.— The three kinds of courts-martial in each of the armed forces are the following: “(1) General courts-martial, as described in subsection (b). “(2) Special courts-martial, as described in subsection (c). “(3) Summary courts-martial, as described in subsection (d). “(b) General Courts-martial.— General courts-martial are of the following three types: “(1) A general court-martial consisting of a military judge and eight members, subject to sections 825(d)(3) and 829 of this title (articles 25(d)(3) and 29). “(2) In a capital case, a general court-martial consisting of a military judge and the number of members determined under section 825a of this title (article 25a), subject to sections 825(d)(3) and 829 of this title (articles 25(d)(3) and 29). “(3) A general court-martial consisting of a military judge alone, if, before the court is assembled, the accused, knowing the identity of the military judge and after consultation with defense counsel, requests, orally on the record or in writing, a court composed of a military judge alone and the military judge approves the request. “(c) Special Courts-martial.— Special courts-martial are of the following two types: “(1) A special court-martial consisting of a military judge and four members, subject to sections 825(d)(3) and 829 of this title (articles 25(d)(3) and 29). “(2) A special court-martial consisting of a military judge alone— “(A) if the case is so referred by the convening authority, subject to section 819 of this title (article 19) and such limitations as the President may prescribe by regulation; or “(B) if the case is referred under paragraph (1) and, before the court is assembled, the accused, knowing the identity of the military judge and after consultation with defense counsel, requests, orally on the record or in writing, a court composed of a military judge alone and the military judge approves the request. “(d) Summary Court-martial.— A summary court-martial consists of one commissioned officer.” .National Defense Authorization Act for Fiscal Year 2018
Pub. L. 115–91 div. A title X § 1081(c)(1)(C) · 131 Stat. 1283
Substituted · 10 U.S.C. § 816(b); 10 U.S.C. § 816(c)
Pub. L. 115–91 substituted “sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29)” for “sections 825(d)(3) and 829 of this title (articles 25(d)(3) and 29)” wherever appearing
Source evidence
Code amendment note
Subsecs. (b), (c). Pub. L. 115–91 substituted “sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29)” for “sections 825(d)(3) and 829 of this title (articles 25(d)(3) and 29)” wherever appearing.Enacted provision · exact public law section
(C) Subsections (b) and (c) of section 816 (article 16), as amended by section 5161 of the Military Justice Act of 2016 (130 Stat. 2897) are amended by striking “sections 825(d)(3) and 829 of this title (articles 25(d)(3) and 29)” each place it appears and inserting “sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29)”.National Defense Authorization Act for Fiscal Year 2024
Pub. L. 118–31 div. A title V § 531(b)(1) · 137 Stat. 136
Struck · 10 U.S.C. § 816(c)(2)(A)
Pub. L. 118–31 struck out “by the convening authority” after “is so referred”
Source evidence
Code amendment note
Subsec. (c)(2)(A). Pub. L. 118–31 struck out “by the convening authority” after “is so referred”.Enacted provision · exact public law section
(1) Article 16.— Subsection (c)(2)(A) of section 816 of title 10, United States Code (article 16 of the Uniform Code of Military Justice), is amended by striking “by the convening authority”.Effective date note
Pub. L. 118–31, div. A, title V, § 531(e), Dec. 22, 2023, 137 Stat. 260, provided that: “The amendments made by subsection (b) and subsection (c)(1) [amending this section and sections 824a and 825 of this title] shall take effect immediately after the coming into effect of the amendments made by part 1 of subtitle D of title V of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) as provided in section 539C of that Act (10 U.S.C. 801 note).”
6 of 7 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 816 | 50:576. | May 5, 1950, ch. 169, § 1 (Art. 16), 64 Stat. 113. |
The word “The” is substituted for the words “There shall be”. The word “are” is substituted for the word “namely”. The words “not less than five members” are substituted for the words “any number of members not less than five”. The words “not less than three members” are substituted for the words “any number of members not less than three”. The word “commissioned” is inserted before the word “officer” in clause (3) for clarity.
Editorial Notes
Amendments1968–2023 · 6 rounds
2023
Subsec. (c)(2)(A). Pub. L. 118–31 struck out “by the convening authority” after “is so referred”.
2017
Subsecs. (b), (c). Pub. L. 115–91 substituted “sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29)” for “sections 825(d)(3) and 829 of this title (articles 25(d)(3) and 29)” wherever appearing.
2016
Pub. L. 114–328 amended section generally. Prior to amendment, section defined the three kinds of courts-martial in each of the armed forces.
2001
Par. (1)(A). Pub. L. 107–107 inserted “or, in a case in which the accused may be sentenced to a penalty of death, the number of members determined under section 825a of this title (article 25a)” after “five members”.
1983
Par. (1)(B). Pub. L. 98–209 substituted “orally on the record or in writing” for “in writing”.
1968
Pub. L. 90–632 provided that a general or special court-martial shall consist of only a military judge if the accused, before the court is assembled, so requests in writing and the military judge approves, with the added requirements that the accused know the identity of the military judge and have the advice of counsel, and that the election be available in the case of a special court-martial only if a military judge has been detailed to the court.
Statutory Notes and Related Subsidiaries
Effective Date of 2023 Amendment
Pub. L. 118–31, div. A, title V, § 531(e), , 137 Stat. 260, provided that: “The amendments made by subsection (b) and subsection (c)(1) [amending this section and sections 824a and 825 of this title] shall take effect immediately after the coming into effect of the amendments made by part 1 of subtitle D of title V of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) as provided in section 539C of that Act (10 U.S.C. 801 note).”
Effective Date of 2017 Amendment
Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.
Effective Date of 2016 Amendment
Amendment by Pub. L. 114–328 effective on , as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
Effective Date of 2001 Amendment
Pub. L. 107–107, div. A, title V, § 582(d), , 115 Stat. 1125, provided that: “The amendments made by this section [enacting section 825a of this title and amending this section and section 829 of this title] shall apply with respect to offenses committed after .”
Effective Date of 1983 Amendment
Amendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after , see section 12(a)(1) of Pub. L. 98–209, set out as a note under section 801 of this title.
Effective Date of 1968 Amendment
Amendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.
Credits
1956–2023 · 7 acts
- 1956Aug. 10, 1956, ch. 1041, 70A Stat. 42
- 1968Pub. L. 90–632, § 2(3), , 82 Stat. 1335
- 1983Pub. L. 98–209, § 3(a), , 97 Stat. 1394
- 2001Pub. L. 107–107, div. A, title V, § 582(a), , 115 Stat. 1124
- 2016Pub. L. 114–328, div. E, title LIV, § 5161, , 130 Stat. 2897
- 2017Pub. L. 115–91, div. A, title X, § 1081(c)(1)(C), , 131 Stat. 1597
- 2023Pub. L. 118–31, div. A, title V, § 531(b)(1), , 137 Stat. 258.
Show as published
(Aug. 10, 1956, ch. 1041, 70A Stat. 42; Pub. L. 90–632, § 2(3), , 82 Stat. 1335; Pub. L. 98–209, § 3(a), , 97 Stat. 1394; Pub. L. 107–107, div. A, title V, § 582(a), , 115 Stat. 1124; Pub. L. 114–328, div. E, title LIV, § 5161, , 130 Stat. 2897; Pub. L. 115–91, div. A, title X, § 1081(c)(1)(C), , 131 Stat. 1597; Pub. L. 118–31, div. A, title V, § 531(b)(1), , 137 Stat. 258.)