SUBCHAPTER 4.
COURT-MARTIAL
JURISDICTION
16. Courts-Martial classified
17. Jurisdiction of courts-martial in
general
18. Jurisdiction of general courts-martial
19. Jurisdiction of special courts-martial
20. Jurisdiction of summary courts-martial
21. Jurisdiction of courts-martial not
exclusive
ART. 16. COURT-MARTIAL CLASSIFIED
The three kinds of courts-martial in each of Star Fleet
are--
| (1) general courts-martial, consisting of-- (A) a military judge and not less than three members; or (B) only one 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 one 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. |
ART. 17. JURISDICTION OF COURTS-MARTIAL IN GENERAL
| (a) The Judge Advocate General has court-martial jurisdiction over all persons subject to this document in accordance with regulations prescribed by Star Fleet Command. |
| (b) In all cases, there shall be a departmental review which shall be held by an officer with authority to convene a general court-martial, and shall be carried out by the department or corps of which the accused is a member. |
ART. 18. JURISDICTION OF GENERAL COURTS-MARTIAL
| Subject to article 17, general courts-martial have jurisdiction to try persons subject to this document for any offense made punishable by this document and may, under such limitations as Star Fleet Command may prescribe, proscribe any punishment not forbidden by this document, including the penalty of imprisonment when specifically authorized by this document. General courts-martial also have jurisdiction to try any person who by the law of war is subject to trial by a military tribunal and may proscribe any punishment permitted by the law of war. However, a general court-martial of the kind specified in article 16(1)(B) shall not have jurisdiction to try any person for any offense for which imprisonment may be prescribed unless the case has been previously referred to trial as noncapital case. |
ART. 19. JURISDICTION OF SPECIAL COURTS-MARTIAL
| Subject to article 17, special courts-martial have jurisdiction to try persons subject to this document for any noncapital offense made punishable by this document and, under such regulations as Star Fleet Command may prescribe. Special courts-martial may, under such limitations as Star Fleet Command may prescribe, assign any punishment not forbidden by this document except imprisonment, dishonorable discharge, dismissal, confinement for more than six months, hard labor without confinement for more than three months, or reduction of more than one rank. A bad-conduct discharge may not be prescribed unless a complete record of the proceedings and testimony has been made, counsel having the qualifications prescribed under article 27(b) was detailed to represent the accused, and a military judge was detailed to the trial, except in any case in which a military judge could not be detailed to the trial, the convening authority shall make a detailed written statement, to be appended to the record, stating the reason or reasons a military judge could not be detailed. |
ART. 20. JURISDICTION OF SUMMARY COURTS-MARTIAL
| Subject to article 17, summary courts-martial have jurisdiction to try persons subject to this document, except officers and cadets, for any noncapital offense made punishable by this document. No person with respect to whom summary courts- martial have jurisdiction may be brought to trial before a summary court-martial if he objects. If objection to trial by summary court-martial is made by an accused, trial may be ordered by special or general court-martial as may be appropriate. Summary courts-martial may, under such limitations as Star Fleet Command may prescribe, assign any punishment not forbidden by this document except imprisonment, dismissal, dishonorable or bad- conduct discharge, confinement for more than one month, hard labor without confinement for more than 45 days, or restrictions to specified limits for more than two months. |
ART. 21. JURISDICTION OF COURTS-MARTIAL NOT EXCLUSIVE
| The provisions of this document conferring jurisdiction upon courts-martial do not deprive military courts, or other military tribunals of concurrent jurisdiction with respect to offenders or offenses that by statute or by the law of war may be tried by military courts, or other military tribunals. |