
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC823]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
 
               SUBCHAPTER V--COMPOSITION OF COURTS-MARTIAL
 
Sec. 823. Art. 23. Who may convene special courts-martial

    (a) Special courts-martial may be convened by--
        (1) any person who may convene a general court-martial;
        (2) the commanding officer of a district, garrison, fort, camp, 
    station, Air Force base, auxiliary air field, or other place where 
    members of the Army or the Air Force are on duty;
        (3) the commanding officer of a brigade, regiment, detached 
    battalion, or corresponding unit of the Army;
        (4) the commanding officer of a wing, group, or separate 
    squadron of the Air Force;
        (5) the commanding officer of any naval or Coast Guard vessel, 
    shipyard, base, or station; the commanding officer of any Marine 
    brigade, regiment, detached battalion, or corresponding unit; the 
    commanding officer of any Marine barracks, wing, group, separate 
    squadron, station, base, auxiliary air field, or other place where 
    members of the Marine Corps are on duty;
        (6) the commanding officer of any separate or detached command 
    or group of detached units of any of the armed forces placed under a 
    single commander for this purpose; or
        (7) the commanding officer or officer in charge of any other 
    command when empowered by the Secretary concerned.

    (b) If any such officer is an accuser, the court shall be convened 
by superior competent authority, and may in any case be convened by such 
authority if considered advisable by him.

(Aug. 10, 1956, ch. 1041, 70A Stat. 44.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
823(a)................................  50:587(a).                           Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
823(b)................................  50:587(b).                            2
3), 64 Stat. 115.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a)(7), the words ``Secretary concerned'' are 
substituted for the words ``Secretary of a Department''.
    In subsection (b), the word ``If'' is substituted for the word 
``When''. The words ``if considered'' are substituted for the words 
``when deemed''.
