Chapter I · General Provisions
R.C.M. 106. Delivery of military offenders to civilian authorities
2024 Manual for Courts-Martial, United States
Recent revisions Summary of changes Cited by (2)Under such regulations as the Secretary concerned may prescribe, a member of the armed forces accused of an offense against civilian authority may be delivered, upon request, to the civilian authority for trial. A member may be placed in restraint by military authorities for this purpose only upon receipt of a duly issued warrant for the apprehension of the member or upon receipt of information establishing probable cause that the member committed an offense, and upon reasonable belief that such restraint is necessary. Such restraint may continue only for such time as is reasonably necessary to effect the delivery.
Discussion
See R.C.M. 1102(b)(2)(C)(ii) for the effect of such delivery on the execution of a court-martial sentence.
Cross-referencesCited by 2Cites 1
Cited by
Provisions elsewhere in the Manual whose text cites R.C.M. 106. Each link opens the citing provision.
Rules for Courts-Martial
Discussion under R.C.M. 201(d)(3) — Jurisdiction in general
…jurisdiction over persons subject to the UCMJ to the extent possible under applicable agreements. See R.C.M. 106 concerning delivery of offenders to civilian authorities. See also R.C.M. 201(g) concerning the jurisdiction…
UCMJ Punitive Articles
Article 86, ¶ 10.c.(5) — Absence without leave
…A member of the armed forces turned over to the civilian authorities upon request under Article 14 ( see R.C.M. 106) is not absent without leave while held by them under that delivery. When a member of the armed forces,…
R.C.M. 106 cites
Provisions named in the text of R.C.M. 106. Where the cited provision is on this site, the link opens it.