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.
(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
(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 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) No provost 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
the person who ordered or authorized the commitment.
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.
813. 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.
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
the 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.
