
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 582(a)]
[Document affected by Public Law 107-107 Section 582(d)]
[CITE: 10USC816]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
 
                SUBCHAPTER IV--COURT-MARTIAL JURISDICTION
 
Sec. 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
            (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, Sec. 2(3), Oct. 
24, 1968, 82 Stat. 1335; Pub. L. 98-209, Sec. 3(a), Dec. 6, 1983, 97 
Stat. 1394.)

                                          Historical and Revision Notes
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            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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816...................................  50:576.                              Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
                                                                              1
6), 64 Stat. 113.
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    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.


                               Amendments

    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.


                    Effective Date of 1983 Amendment

    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.


                    Effective Date of 1968 Amendment

    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 818, 829, 841 of this title.
