Article 10. Restraint of persons charged

Checkout our iOS App for a better way to browser and research.

RS 110 - Article 10. Restraint of persons charged

A.(1) Subject to Paragraph (2) of this Subsection, 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 should not be ordered into confinement.

B.(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.

(b) To try the person or to dismiss the charges and release the person.

(2) The 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 Article 32 of this Code, shall be determined through rules and regulations prescribed under Article 36 of this Code.

Acts 1974, No. 621, §1; Acts 1992, No. 530, §1, eff. July 1, 1992; Acts 2007, No. 309, §1, eff. July 1, 2007; Acts 2019, No. 373, §1.


Download our app to see the most-to-date content.