person of the limits of the arrest. The order of arrest maybe oral or written. A person to be confined is placedunder guard and taken to the place of confinement.Art. 12. Confinement with Enemy PrisonersProhibitedNo member of the armed forces may bep l a c e d i n c o n fi n e m e n t i n i m m e d i a t eassociation with enemy prisoners or otherforeign nationals not members of the armedforces.Members of the armed forces may be confined inthe same jails, prisons, or other confinement facilities,however, so long as they are separated from the othercategories mentioned.Art. 13. Punishment Prohibited Before TrialNo person, while being held for trial, maybe subjected to punishment or penalty otherthan arrest or confinement upon the chargespending against him, nor shall the arrest orconfinement imposed upon him be any morerigorous than the circumstances required toensure his presence, but he may be subjected tominor punishment during that period forinfractions of discipline.The minor punishment permitted under article 13includes that authorized for violations of discipline setforth by the place in which the person is confined. Thearticle does not prevent a person from being required todo ordinary cleaning or policing or from taking part inroutine training and duties not involving the bearing ofarms.Art. 14. Delivery of Offenders to CivilAuthorities(a) U n d e r s u c h r e g u l a t i o n s a s t h eSecretary concerned may prescribe, a memberof the armed forces accused of an offenseagainst civil authority may be delivered, uponrequest, to the civil authority for trial.(b) When delivery under this article ismade to any civil authority of a personundergoing sentence of a court-martial, thedelivery, if followed by conviction in a civiltribunal, interrupts the execution of thesentence of the court-martial, and the offenderafter having answered to the civil authorities forthis offense shall, upon the request ofcompetent military authority, be returned tomilitary custody for the completion of hissentence.Art. 15. Commanding Officer’s NonjudicialPunishmentArticle 15 explains commanding officers’n o n j u d i c i a l p u n i s h m e n t . Fo r s o m e o ff e n s e s ,commanders may offer an article 15 instead ofcourt-martial. If accepted, the commander may imposepunishment as permitted by regulations (usually atcaptain’s mast). Receiving an article 15 is not aconviction, and it does not give a person a criminalrecord. This article will be explained in greater detaillater in this chapter under “Nonjudicial Punishment.”Art. 25. Who May Serve on Courts-MartialA n y c o m m i s s i o n e d o ffi c e r, i n c l u d i n gcommissioned warrant officers, on active duty with thearmed forces is eligible to serve on a court-martial. Anywarrant officer on active duty with the armed forces iseligible to serve on a general court-martial (GCM) andspecial court-martial (SPCM) for the trial of any person,other than a commissioned officer. Any enlisted personon active duty with the armed forces who is not amember of the same unit as the accused is eligible toserve on general and special courts-martial for the trialof enlisted persons. However, enlisted personnel mayserve as a member of a court-martial only if, before theassembling of such court, the accused has personallyrequested in writing that enlisted personnel serve asmembers of the court.Art. 27. Detail of Trial Counsel and DefenseCounselEach general and special court-martial must have atrial counsel and a defense counsel, with such assistantsas the convening authority deems necessary. The termscounsel, trial counsel, and defense counsel should beinterpreted to mean the detailed counsel named in the2-19Student Notes:
Integrated Publishing, Inc. - A (SDVOSB) Service Disabled Veteran Owned Small Business