10 U.S.C. § 816 (ARMED FORCES)
§ 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, 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); 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 orally on the record or 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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 42; Pub. L. 90–632, § 2(3), Oct. 24, 1968, 82 Stat. 1335; Pub. L. 98–209, § 3(a), Dec. 6, 1983, 97 Stat. 1394; Pub. L. 107–107, div. A, title V, § 582(a), Dec. 28, 2001, 115 Stat. 1124; Pub. L. 114–328, div. E, title LIV, § 5161, Dec. 23, 2016, 130 Stat. 2897; Pub. L. 115–91, div. A, title X, § 1081(c)(1)(C), Dec. 12, 2017, 131 Stat. 1597.)
heading: Amendment of Section
text: Pub. L. 115–91, div. A, title X, § 1081(c)(1)(C), (4), Dec. 12, 2017, 131 Stat. 1597, 1599, provided that, effective immediately after the amendment made by section 5161 of Pub. L. 114–328, set out below, takes effect as provided for in section 5542 of that Act, subsections (b) and (c) of this section 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)”. See 2017 Amendment note below.
Pub. L. 114–328, div. E, title LIV, § 5161, title LXIII, § 5542, Dec. 23, 2016, 130 Stat. 2897, 2967, provided that, effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after Dec. 23, 2016, with implementing regulations prescribed by the President not later than one year after Dec. 23, 2016, and with provisions relating to applicability to various situations, this section 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.
See 2016 Amendment note below.
text: 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.
heading: Amendments
text: 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.
heading: Effective Date of 2017 Amendment
text: 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.
heading: Effective Date of 2016 Amendment
text: Amendment by Pub. L. 114–328 effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after Dec. 23, 2016, with implementing regulations prescribed by the President not later than one year after Dec. 23, 2016, and with provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328, set out as a note under section 801 of this title.
heading: Effective Date of 2001 Amendment
text: Pub. L. 107–107, div. A, title V, § 582(d), Dec. 28, 2001, 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 December 31, 2002.”
heading: Effective Date of 1983 Amendment
text: Amendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, see section 12(a)(1) of Pub. L. 98–209, set out as a note under section 801 of this title.
heading: Effective Date of 1968 Amendment
text: 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.