SUBCHAPTER 2.
APPREHENSION AND
RESTRAINT
7. Apprehension.
8. Apprehension
of deserters.
9. Imposition
of Restraint.
10. Restraint
of persons charged with offenses.
11. Receiving
of prisoners.
12. Confinement
with enemy prisoners prohibited.
13. Punishment
prohibited before trial.
14. Delivery
of offenders to civil authorities.
(a) Apprehension is the taking of a person into custody. |
(b) Any person authorized under regulations governing Star Fleet to apprehend persons subject to this document 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 document who take part therein. |
ART. 8. APPREHENSION OF DESERTERS
Any civil officer having authority to apprehend offenders under the laws of the United Federation of Planets or it's Member Worlds, Colonies, Territories, Protectorates, outposts and facilities, may summarily apprehend a deserter from Star Fleet and deliver him into the custody of those forces. |
ART. 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 document. 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 document 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. |
ART. 10. RESTRAINT OF PERSONS CHARGED WITH OFFENSES
Any person subject to this document charged with an offense under this document shall be ordered into arrest or confinement, as circumstances may require; when any person subject to this document 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. |
ART. 11. RECEIVING OF PRISONERS
No member of Star Fleet may refuse to receive or keep any prisoner committed to his charge by a commissioned officer of Star Fleet , when the committing officer furnishes a statement, signed by him, of the offense charged against the prisoner. |
ART. 12. CONFINEMENT WITH ENEMY PRISONERS PROHIBITED
No member of Star Fleet may be placed in confinement in immediate association with enemy prisoners or other foreign nationals not members of Star Fleet. |
ART. 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. |
ART. 14. DELIVERY
OF OFFENDERS TO CIVIL AUTHORITIES
(a) Under such regulations as the Secretary of Star Fleet may prescribe, a member of Star Fleet accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial. |
(b) When delivery of a person undergoing sentence of a court-martial is followed by conviction in a civil tribunal, the execution of the sentence of the court-martial shall , upon the request of competent military authority, be returned to military custody for the completion of his sentence after having answered to the civil authorities for his offense. |
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