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SUBCHAPTER II. APPREHENSION AND RESTRAINT
807. 7. Apprehension.
808. 8. Apprehension of
deserters.
809. 9. Imposition of
Restraint.
810. 10.
Restraint of persons charged with offenses.
811. 11. Reports
and receiving of prisoners.
812.
12. Confinement with enemy prisoners prohibited.
813. 13.
Punishment prohibited before trial.
814. 14.
Delivery of offenders to civil authorities.
(a) Apprehension is the taking of a person into custody.
(b) Any person authorized under regulations governing the
armed forces to apprehend persons subject to this chapter or to
trial thereunder may do so upon reasonable belief that an
offense has been committed and that the person apprehended
committed it.
(c) Commissioned officers, warrant officers, petty officers,
and noncommissioned officers have authority to quell quarrels,
frays and disorders among persons subject to this chapter who
take part therein.
808.
ARTICLE 8. APPREHENSION OF DESERTERS
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.
809.
ARTICLE
9. IMPOSITION OF RESTRAINT
(a) Arrest is the restraint of a person by an order, not
imposed as a punishment for an offense, directing him to remain
within certain specified limits. Confinement is the physical
restraint of a person.
(b) An enlisted member may be ordered into arrest or
confinement by any commissioned officer by an order, oral or
written, delivered in person or through other persons subject to
this chapter. 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.
(c)A commissioned officer, a warrant officer, or a civilian
subject to this chapter or to trial thereunder may be ordered
into arrest or confinement only by a commanding officer to whose
authority he is subject, by an order, oral or written, delivered
in person or by another commissioned officer. The authority to
order such persons into arrest or confinement may not be
delegated.
(d) No person may be ordered into arrest or confinement
except for probable cause.
(e) Nothing in this article limits the authority of person s
authorized to apprehend offenders to secure the custody of an
alleged offender until proper authority may be notified.
810. ARTICLE 10. RESTRAINT OF PERSONS CHARGED WITH OFFENSES
Any person subject to this chapter charged with an offense
under this chapter shall be ordered into arrest or confinement,
as circumstances may require; but when charged only with an
offense normally tried by a summary court-martial, he shall not
ordinarily be placed in confinement. 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.
811. ARTICLE 11. REPORTS AND RECEIVING OF PRISONERS
(a) No provost marshal, commander or a guard, or master at
arms may refuse to receive or keep any prisoner committed to his
charge by a commissioned officer of the armed forces, when the
committing officer furnishes a statement, signed by him, of the
offense charged against the prisoner.
(b) Every commander of a guard or master at arms to whose
charge a prisoner is committed shall, within twenty-four hours
after that commitment or as soon as he is relieved from guard,
report to the commanding officer the name of the prisoner, the
offense charged against him, and the name of the person who
ordered or authorized the commitment.
812. ARTICLE 12. CONFINEMENT WITH ENEMY PRISONERS PROHIBITED
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.
813. ARTICLE 13 PUNISHMENT PROHIBITED BEFORE TRIAL
No person, while being held for trial, may be subjected to
punishment or penalty other than arrest or confinement upon the
charges pending against him, nor shall the arrest or confinement
imposed upon him be any more rigorous than the circumstances
required to insure his presence, but he may be subjected to
minor punishment during that period for infractions of
discipline.
814. ARTICLE 14. DELIVERY OF OFFENDERS TO CIVIL AUTHORITIES
(a) Under such regulations as the Secretary concerned may
prescribe, a member of the armed forces accused of an offense
against civil authority may be delivered, upon request, to the
civil authority for trial.
(b) When delivery under this article is made to any civil
authority of a person undergoing sentence of a court-martial,
the delivery, if followed by conviction in a civil tribunal,
interrupts the execution of the sentence of the court-martial,
and the offender after having answered to the civil authorities
for his offense shall, upon the request of competent military
authority, be returned to military custody for the completion of
his sentence. |
