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.
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.
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.
Nothing in this article limits the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.
(Aug. 10, 1956, ch. 1041, 70A Stat. 40.)
FAQs
10 U.S. Code § 809 - Art. 9. Imposition of restraint? ›
9. Imposition of restraint. 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.
Who has the power to apprehend persons subject to the UCMJ? ݤ807.
(c) Commissioned officers, warrant officers, petty officers, and noncommissioned officers have authority to quell quarrels, frays, and disorders among persons subject to this chapter and to apprehend persons subject to this chapter who take part therein.
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. (
What is Article 9 of the UCMJ? ›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.
Who can enforce UCMJ? ›As constitutionally mandated, Congress creates the laws contained in the UCMJ. The president with the constitutional power of the execution and enforcement of those laws creates and maintains the Manual for Courts Martial or MCM, which contains the penalties for breaking any of the laws prescribed by Congress.
What is Article 89 of the UCMJ? ›What is Article 89 of the UCMJ? Disrespect toward a superior commission office under Article 89 of the UCMJ occurs when a service member commits an action, omits a proper action, or uses certain language toward a commissioned officer that is deemed disrespectful.
What is Article 6 of the UCMJ? ›According to the Uniform Code of Military Justice, Article 6 states that the Judge Advocate General or senior members of his staff shall make frequent inspection in the field in supervision of the administration of military justice.
What is Article 112a of the UCMJ? ›Thomas, 65 M.J. 132 (Article 112a, UCMJ, provides that any person subject to the UCMJ who wrongfully uses, possesses, or introduces into an installation used by or under the control of the armed forces a controlled substance shall be punished as a court-martial may direct; the statute does not define the term wrongful; ...
What does Article 9 provide? ›Article 9 protects your right to freedom of thought, belief and religion. It includes the right to change your religion or beliefs at any time.
Can an NCO detain a soldier? ›A commanding officer may authorize warrant officers, petty officers, charged or noncommissioned officers to order enlisted members of his command or subject to his authority into arrest or confinement.
What is Article 9 USA? ›
No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
What is Article 19 of the UCMJ? ›United States v. Henderson, 59 MJ 350 (Article 19, UCMJ, provides that special courts-martial have jurisdiction to try persons for any noncapital offense, and, under such regulations as the President may prescribe, for capital offenses; R.C.M.
What is Article 11 of the UCMJ? ›(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.
What is Article 94 of the UCMJ? ›Sedition under Article 94 of the UCMJ occurs when a service member creates a revolt, violence, or a disturbance against a lawful civil authority with the intent to cause the overthrow or destruction of that lawful civil authority. Now, charges of mutiny and sedition don't come along everyday.
What gives security forces the authority to apprehend? ›The UCMJ applies in all places. Gives SF the authority to apprehend any person subject to trail by courtnoartial and enforce laws.
Is the President of the United States subject to the UCMJ? ›The court reasoned that the President is by statute a convening authority for general courts-martial and is therefore subject to the Rules for Courts-Martial (R.C.M.) Rule 104(a)'s prohibition on unlawful command influence, which implements Art. 37 of the UCMJ.
Who is in charge of the military and who has authority over it to protect the country and its people? ›Article II, section 2, of the Constitution provides that the President "shall be Commander in Chief of the Army and Navy of the United States." By virtue of this constitutional office he has supreme command over the land and naval forces of the country and may order them to perform such military duties as, in his ...
Which law enforcement officers were authorized to use the concept of posse comitatus? ›While the Posse Comitatus Act refers only to the Army and Air Force, a different statute extends the same rule to the Navy and Marine Corps. The Coast Guard, though part of the federal armed forces, has express statutory authority to perform law enforcement and is not bound by the Posse Comitatus Act.