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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.
When a military service sends out a descrip-
tion of a deserter, with a request for the deserter’s
apprehension, the notice gives civil officers the
authority to apprehend the person.
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. Confine-
ment 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 code. A com-
manding officer may authorize warrant
officers, petty officers, or noncommis-
sioned 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 code
or to trial thereunder may be ordered into
arrest or confinement only by a command-
ing officer to whose authority he is
subject, by an order, oral or written,
delivered in person or by another commis-
sioned 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 persons authorized to
apprehend offenders to secure the custody
of an alleged offender until proper
authority may be notified.
Art. 10. Restraint of Persons Charged With
Offenses
Any person subject to this code charged
with an offense under this code 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 code is
placed in arrest or confinement prior to
trial, immediate steps shall be taken to in-
form him of the specific wrong of which
he is accused and to try him or to dismiss
the charges and release him.
As the words “normally” and “or-
dinarily” imply, the provisions of this
article may not apply in exceptional cases.
Whether to confine, arrest, or restrict a
person in lieu of arrest is within the
discretion of the officer having the power
to do so. What this article says, in effect,
is that in most instances confinement is not
necessary for persons accused of minor
offenses.
Art. 11. Reports and Receiving of Prisoners
(a) No provost marshall, 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 of-
ficer furnishes a statement, signed by him,
of the offense charged against the prisoner.
(b) Every commander of the 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.
An arrest is imposed by notification to the
person to be arrested that he or she is under
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