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        UNIFORM CODE OF MILITARY JUSTICE FOR MILITIAS ?

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SUBCHAPTERII.APPREHENSION AND RESTRAINT







Sec.Art.



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.



807. ART. 7. APPREHENSION



(a) Apprehension is the taking of a person into custody.

2

(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. ART. 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. ART.9 IMPOSITION OF RESTRAINT



rrest i the restraint ofa person bya 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. ART. 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. ART. 11. REPORTS AND RECEIVING OF PRISONERS



A Provst 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

te pson who orderd or authoizedthe commit.



   812. ART. 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.



33 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. ART. 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 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.

 

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