U.S. Code » Title 10 » Subtitle Subtitle A— General Military Law › Part PART II— PERSONNEL › Chapter CHAPTER 47— UNIFORM CODE OF MILITARY JUSTICE › Subchapter SUBCHAPTER II— APPREHENSION AND RESTRAINT

10 U.S.C. § 810

Art. 10. Restraint of persons charged

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(a)In General.—(1) Subject to paragraph (2), any person subject to this chapter who is charged with an offense under this chapter may be ordered into arrest or confinement as the circumstances require.(2) When a person subject to this chapter is charged only with an offense that is normally tried by summary court-martial, the person ordinarily shall not be ordered into confinement.(b)Notification to Accused and Related Procedures.—(1) When a person subject to this chapter is ordered into arrest or confinement before trial, immediate steps shall be taken—(A) to inform the person of the specific offense of which the person is accused; and(B) to try the person or to dismiss the charges and release the person.(2) To facilitate compliance with paragraph (1), the President shall prescribe regulations setting forth procedures relating to referral for trial, including procedures for prompt forwarding of the charges and specifications and, if applicable, the preliminary hearing report submitted under section 832 of this title (article 32).(Aug. 10, 1956, ch. 1041, 70A Stat. 40; Pub. L. 114–328, div. E, title LII, § 5121, Dec. 23, 2016, 130 Stat. 2896.)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

810

50:564.

May 5, 1950, ch. 169, § 1 (Art. 10), 64 Stat. 111.

The word “he” is substituted for the words “such person”.

Editorial NotesAmendments

2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “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.”

Statutory Notes and Related SubsidiariesEffective Date of 2016 Amendment

Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

Notes of Decisions
Cited in 280 cases (19 in the last 5 years), 1957–2026 · leading case: United States v. Tippit, 65 M.J. 69 (C.A.A.F. 2007).
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United States v. Tippit, 65 M.J. 69 (C.A.A.F. 2007). · cites it 6× “06-0914/AF The statutory standard, Article 10, UCMJ, 10 U.S.C. § 810 (2000), provides that “[w]hen 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…”
United States v. Cooper, 58 M.J. 54 (C.A.A.F. 2003). · cites it 4× “At that court-martial, the military judge dismissed the charges against Appellant, concluding that the Government failed to comply with the speedy-trial requirements of Article 10, Uniform Code of Military Justice [hereinafter UCMJ], 10 U.S.C. § 810 (2002). From that ruling, the…”
United States v. Tardif, 57 M.J. 219 (C.A.A.F. 2002). · cites it 2× “Burton, 21 USCMA 112 , 44 CMR 166 (1971), the appellant asked this Court to set aside his conviction and sentence and dismiss the charges, on the ground that he had been denied his right to a speedy trial, in violation of Article 10, UCMJ, 10 USC § 810 . This Court established a…”
United States v. Mizgala, 61 M.J. 122 (C.A.A.F. 2005). · cites it 3× “04-0382/AF CRAWFORD, Judge (dissenting in part and concurring in the result): While the majority notes that Article 10, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 810 (2000), is a “more exacting” right, it overlooks the history behind the UCMJ provisions of the Manual…”
United States v. Kossman, 38 M.J. 258 (1993). · cites it 4× “For servicemembers, however, it has long been assumed that Article 10, UCMJ, 10 USC § 810 , imposes a more stringent speedy-trial standard than that of the Sixth Amendment.”
United States v. Wilson, 72 M.J. 347 (C.A.A.F. 2013). · cites it 4× “First, there remain significant ambiguities and gaps in this Court’s legal framework for addressing Article 10, UCMJ, 10 U.S.C. § 810 (2006), claims. In light of the consolidation of military detention facilities and the corresponding practice of detaining military members in…”
United States v. Jeffrey R. MacDonald, 531 F.2d 196 (4th Cir. 1976). · cites it 5× “10 The status of an officer restricted to quarters under arrest differs from that of one who is simply restricted to quarters in lieu of arrest.”
United States v. Thompson, 68 M.J. 308 (C.A.A.F. 2010). · cites it 3× “In our earliest decision on this issue, we stated that the congressional hearings on the Uniform Code of Military Justice (UCMJ) “clearly indicate that Congress did not intend the military practice [concerning speedy trial under Article 10, UCMJ, 10 U.S.C. § 810 (2000)] to be…”
United States v. Schuber, 70 M.J. 181 (C.A.A.F. 2011). · cites it 4× “Prior to entering pleas, Appellant, through counsel, moved to dismiss the charge and specifications alleging a violation of his right to a speedy trial under Article 10, UCMJ, 10 U.S.C. § 810 (2006). The military judge granted the motion, dismissing the charges and…”
United States v. Cooley, 75 M.J. 247 (C.A.A.F. 2016). · cites it 2× “M, 707 and Article 10, UCMJ, 10 U.S.C. § 810 ), of one specification of attempting a lewd act with a child of more than twelve years but less than sixteen years, two specifications of attempting to wrongfully commit indecent' conduct, one specification of failing to obey an…”
Hamdan v. Rumsfeld, 548 U.S. 557 (2006). “Two months later, counsel filed demands for charges and for a speedy trial pursuant to Article 10 of the UCM J, 10 U. S. C. § 810 . On February 23,2004, the legal adviser to the Appointing Authority denied the applications, ruling that Hamdan was not entitled to any of the…”
United States v. Lazauskas, 62 M.J. 39 (C.A.A.F. 2005). · cites it 3× “) 707,1 Article 10, UCMJ, 10 U.S.C. § 810 (2000), and the Sixth Amendment.”
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