Title 10 — Armed Forces
Part II · Chapter 47 — Uniform Code of Military Justice
§ 823. Art. 23. Who may convene special courts-martial
Statutory text
Special courts-martial may be convened by—
any person who may convene a general court-martial;
the commanding officer of a district, garrison, fort, camp, station, Air Force or Space Force military installation, auxiliary air field, or other place where members of the Army, the Air Force, or the Space Force are on duty;
the commanding officer of a brigade, regiment, detached battalion, or corresponding unit of the Army;
the commanding officer of a wing, group, or separate squadron of the Air Force or a corresponding unit of the Space Force;
the commanding officer of any naval or Coast Guard vessel, shipyard, base, or station; the commanding officer of any Marine brigade, regiment, detached battalion, or corresponding unit; the commanding officer of any Marine barracks, wing, group, separate squadron, station, base, auxiliary air field, or other place where members of the Marine Corps are on duty;
the commanding officer of any separate or detached command or group of detached units of any of the armed forces placed under a single commander for this purpose; or
the commanding officer or officer in charge of any other command when empowered by the Secretary concerned.
If any such officer is an accuser, the court shall be convened by superior competent authority, and may in any case be convened by such authority if considered advisable by him.
A commanding officer shall not be considered an accuser solely due to the role of the commanding officer in convening a special court-martial to which charges and specifications were referred by a special trial counsel in accordance with this chapter.
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. 44 · 70A Stat. 44
Enacted · 10 U.S.C. § 823
Aug. 10, 1956, ch. 1041, 70A Stat. 44
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 44William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 924(b)(21)(B)(i) · 134 Stat. 3388
Substituted · 10 U.S.C. § 823(a)(2)
Pub. L. 116–283, § 924(b)(21)(B)(i), substituted “Air Force or Space Force military installation” for “Air Force base”
Substituted · 10 U.S.C. § 823(a)(2)
Pub. L. 116–283, § 924(b)(21)(B)(i), substituted “the Air Force, or the Space Force” for “or the Air Force”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 116–283, § 924(b)(21)(B)(i), substituted “Air Force or Space Force military installation” for “Air Force base” and “the Air Force, or the Space Force” for “or the Air Force”.Enacted provision · exact public law section
(i) in paragraph (2)— (I) by striking “Air Force base” and inserting “Air Force or Space Force military installation”; and (II) by striking “or the Air Force” and inserting “the Air Force, or the Space Force”; andWilliam M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 924(b)(21)(B)(ii) · 134 Stat. 3388
Inserted · 10 U.S.C. § 823(a)(4)
Pub. L. 116–283, § 924(b)(21)(B)(ii), inserted “or a corresponding unit of the Space Force” after “Air Force”
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 116–283, § 924(b)(21)(B)(ii), inserted “or a corresponding unit of the Space Force” after “Air Force”.Enacted provision · exact public law section
(ii) in paragraph (4), by inserting “or a corresponding unit of the Space Force” after “Air Force”; andNational Defense Authorization Act for Fiscal Year 2022
Pub. L. 117–81 § 1081(a)(13) · 135 Stat. 1541
Inserted · 10 U.S.C. § 823(a)(2)
Pub. L. 117–81, § 1081(a)(13), inserted comma after “Army”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 117–81, § 1081(a)(13), inserted comma after “Army”.Enacted provision · exact public law section
(13) Section 823(a)(2) (article 23(a)(2) of the Uniform Code of Military Justice) is amended by inserting a comma after “Army”.Effective date note
Amendment by section 534(b) of Pub. L. 117–81 effective on the date that is two years after Dec. 27, 2021, and applicable with respect to offenses that occur after that date, with provisions for delayed effect and applicability if regulations are not prescribed by the President before the date that is two years after Dec. 27, 2021, see section 539C of Pub. L. 117–81, set out as a note under section 801 of this title.National Defense Authorization Act for Fiscal Year 2022
Pub. L. 117–81 § 534(b) · 135 Stat. 1541
Amended · 10 U.S.C. § 823(b)
Pub. L. 117–81, § 534(b), designated existing provisions as par. (1)
Added · 10 U.S.C. § 823(b)
Pub. L. 117–81, § 534(b), added par. (2)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 117–81, § 534(b), designated existing provisions as par. (1) and added par. (2).Enacted provision · exact public law section
(b) Special Courts-martial.— Section 823(b) of title 10, United States Code (article 23(b) of the Uniform Code of Military Justice), is amended— (1) by striking “If any” and inserting “(1) If any”; and (2) by adding at the end the following new paragraph: “(2) A commanding officer shall not be considered an accuser solely due to the role of the commanding officer in convening a special court-martial to which charges and specifications were referred by a special trial counsel in accordance with this chapter.” .Effective date note
Amendment by section 534(b) of Pub. L. 117–81 effective on the date that is two years after Dec. 27, 2021, and applicable with respect to offenses that occur after that date, with provisions for delayed effect and applicability if regulations are not prescribed by the President before the date that is two years after Dec. 27, 2021, see section 539C of Pub. L. 117–81, set out as a note under section 801 of this title.
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) |
| 823(a)823(b) | 50:587(a).50:587(b). | May 5, 1950, ch. 169, § 1 (Art. 23), 64 Stat. 115. |
In subsection (a)(7), the words “Secretary concerned” are substituted for the words “Secretary of a Department”.
In subsection (b), the word “If” is substituted for the word “When”. The words “if considered” are substituted for the words “when deemed”.
Editorial Notes
Amendments
2021—Subsec. (a)(2). Pub. L. 117–81, § 1081(a)(13), inserted comma after “Army”.
Pub. L. 116–283, § 924(b)(21)(B)(i), substituted “Air Force or Space Force military installation” for “Air Force base” and “the Air Force, or the Space Force” for “or the Air Force”.
Subsec. (a)(4). Pub. L. 116–283, § 924(b)(21)(B)(ii), inserted “or a corresponding unit of the Space Force” after “Air Force”.
Subsec. (b). Pub. L. 117–81, § 534(b), designated existing provisions as par. (1) and added par. (2).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by section 534(b) of Pub. L. 117–81 effective on the date that is two years after , and applicable with respect to offenses that occur after that date, with provisions for delayed effect and applicability if regulations are not prescribed by the President before the date that is two years after , see section 539C of Pub. L. 117–81, set out as a note under section 801 of this title.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of Title 6.
Credits
1956–2021 · 3 acts
- 1956Aug. 10, 1956, ch. 1041, 70A Stat. 44
- 2021Pub. L. 116–283, div. A, title IX, § 924(b)(21)(B), , 134 Stat. 3824
- 2021Pub. L. 117–81, div. A, title V, § 534(b), title X, § 1081(a)(13), , 135 Stat. 1696, 1920.
Show as published
(Aug. 10, 1956, ch. 1041, 70A Stat. 44; Pub. L. 116–283, div. A, title IX, § 924(b)(21)(B), , 134 Stat. 3824; Pub. L. 117–81, div. A, title V, § 534(b), title X, § 1081(a)(13), , 135 Stat. 1696, 1920.)