Reports and receiving of prisoners. Confinement with enemy prisoners prohibited. Punishment prohibited before trial. Delivery of offenders to civil authorities. Any civil officer having authority to apprehend offenders under the laws of the United States or of a State, Territory, Commonwealth, or possession, or the District of Columbia may summarily apprehend a deserter from the armed forces and deliver him into the custody of those forces.
Confinement is the physical restraint of a person.
A commanding officer may authorize warrant officers, petty officers, or noncommissioned officers to order enlisted members of his command or subject to his authority into arrest or confinement. The authority to order such persons into arrest or confinement may not be delegated. No person may be ordered into arrest or confinement except for probable cause. When any person subject to this chapter is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform him of the specific wrong of which he is accused and to try him or to dismiss the charges and release him. No member of the armed forces may be placed in confinement in immediate association with enemy prisoners or other foreign nationals not members of the armed forces.