Subchapter IV · Court-Martial Jurisdiction

Article 16. Courts-martial classified

2024 Manual for Courts-Martial, United States

Recent revisions Summary of changes Cited by (21)

(a) IN GENERAL.— The three kinds of courts-martial in each of the armed forces are the following:
(1) General courts-martial, as described in subsection (b).
(2) Special courts-martial, as described in subsection (c).
(3) Summary courts-martial, as described in subsection (d).
(b) GENERAL COURTS-MARTIAL.— General courts-martial are of the following three types:
(1) A general court-martial consisting of a military judge and eight members, subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29).
(2) In a capital case, a general court-martial consisting of a military judge and the number of members determined under section 825a of this title (article 25a), subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29).
(3) A general court-martial consisting of a military judge alone, if, before the court is assembled, the accused, knowing the identity of the military judge and after consultation with defense counsel, requests, orally on the record or in writing, a court composed of a military judge alone and the military judge approves the request.
(c) SPECIAL COURTS-MARTIAL.— Special courts-martial are of the following two types:
(1) A special court-martial, consisting of a military judge and four members, subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29).
(2) A special court-martial consisting of a military judge alone—
(A) if the case is so referred by the convening authority, subject to section 819 of this title (article 19) and such limitations as the President may prescribe by regulation; or
(B) if the case is referred under paragraph (1) and, before the court is assembled, the accused, knowing the identity of the military judge and after consultation with defense counsel, requests, orally on the record or in writing, a court composed of a military judge alone and the military judge approves the request.
(d) SUMMARY COURT-MARTIAL.— A summary court-martial consists of one commissioned officer.
Cross-referencesCited by 21Cites 5
Cited by

Provisions elsewhere in the Manual whose text cites Article 16. Each link opens the citing provision.

Rules for Courts-Martial
R.C.M. 103(8)(D) — Definitions and rules of construction (16(c)(2)(A))
…judge when the case is referred as a special court-martial consisting of a military judge alone under Article 16(c)(2)(A); or
R.C.M. 201(f)(2)(B)(ii) — Jurisdiction in general (16(c)(2)(A))
…when the case is referred as a special court-martial consisting of a military judge alone under Article 16(c)(2)(A).
R.C.M. 201(f)(2)(E)(i) — Jurisdiction in general (16(c)(2)(A))
No specification may be tried by a special court-martial consisting of a military judge alone under Article 16(c)(2)(A) if, before arraignment, the accused objects on the grounds provided in subclause (I) or (II) of this…
R.C.M. 201(f)(2)(E)(ii) — Jurisdiction in general (16(c)(2)(A), 16(c)(1))
If the accused objects to trial by a special court-martial consisting of a military judge alone under Article 16(c)(2)(A), and the military judge makes a determination under clause (i), trial may be ordered by a special…
R.C.M. 501(a)(2)(D) — Composition and personnel of courts-martial (16(c)(2)(A))
…if the case is referred for trial by a special court-martial consisting of a military judge alone under Article 16(c)(2)(A).
R.C.M. 503(a)(4) — Detailing members, military judge, and counsel, and designating military magistrates (16(c)(2)(A))
…does not apply to charges referred to a special court-martial consisting of a military judge alone under Article 16(c)(2)(A).
R.C.M. 503(b)(4) — Detailing members, military judge, and counsel, and designating military magistrates (16(c)(2)(A))
…consent of the parties, to preside over a special court-martial consisting of a military judge alone under Article 16(c)(2)(A).
R.C.M. 601(e)(1)(B) — Referral (16(c)(2)(A))
…judge alone. If a case is to be tried as a special court-martial consisting of a military judge alone under Article 16(c)(2)(A), the referral shall so indicate by including a special instruction on the charge sheet prior to arraignment.
Discussion under R.C.M. 601(e)(1)(B) — Referral (16(c)(2)(A))
…trial counsel may not refer a charge to a special court-martial consisting of a military judge alone. See Article 16(c)(2)(A), 10 U.S.C. § 816(c)(2)(A) (2019) (“if the case is so referred by the convening authority . . . .”)…
R.C.M. 903(a)(1) — Accused’s elections on composition of court-martial (16(c)(2)(A))
Except in a special court-martial consisting of a military judge alone under Article 16(c)(2)(A), before the end of the initial Article 39(a) session or, in the absence of such a session, before assembly,…
Discussion under R.C.M. 903(c)(2)(A) — Accused’s elections on composition of court-martial (16(b)(3))
…ensure the accused understands that the approval of a request for trial before military judge alone under Article 16(b)(3) or (c)(2)(B) means that the military judge will determine the findings and, if the accused is found guilty…
R.C.M. 903(c)(3) — Accused’s elections on composition of court-martial (16(c)(2)(A))
…in accordance with the convening order, unless the case is referred for trial by military judge alone under Article 16(c)(2)(A), the military judge grants a request for trial by judge alone, or there is a request for a specific panel…
Discussion under R.C.M. 907(b)(2)(C)(iv) — Motions to dismiss (16(c)(2)(A))
R.C.M. 907(b)(2)(C)(i)(I) includes special courts-martial consisting of a military judge alone under Article 16(c)(2)(A).
Discussion under R.C.M. 911(d) — Randomization and assembly of the court-martial panel (16(c)(2)(A))
…following approval of the request. In a special court-martial consisting of a military judge alone under Article 16(c)(2)(A), the court-martial is assembled prior to beginning of the trial on the merits. Assembly of the court-martial…
Uniform Code of Military Justice
Art. 18(b) — Jurisdiction of general courts-martial (16(b)(3))
A general court-martial of the kind specified in section 816(b)(3) of this title (article 16(b)(3)) shall not have jurisdiction to try any person for any offense for which the death penalty may be adjudged…
Art. 19(b) — Jurisdiction of special courts-martial (16(c)(2)(A))
…to a special court-martial consisting of a military judge alone under section 816(c)(2)(A) of this title (article 16(c)(2)(A)).
Art. 19(c) — Jurisdiction of special courts-martial (16(c)(2)(A))
…to a special court-martial consisting of a military judge alone under section 816(c)(2)(A) of this title (article 16(c)(2)(A)), the military judge, with the consent of the parties, may designate a military magistrate to preside over…
Art. 41(a)(2) — Challenges
…a challenge for cause reduces the court below the number of members required by section 816 of this title (article 16), all parties shall (notwithstanding section 829 of this title (article 29)) either exercise or waive any…
Art. 41(b)(2) — Challenges
…a peremptory challenge reduces the court below the number of members required by section 816 of this title (article 16), the parties shall (notwithstanding section 829 of this title (article 29)) either exercise or waive any…
Art. 52(a)(2) — Votes required for conviction, sentencing, and other matters
by a military judge in a court-martial with a military judge alone, under section 816 of this title (article 16); or
Art. 52(a)(3) — Votes required for conviction, sentencing, and other matters
in a court-martial with members under section 816 of this title (article 16), by the concurrence of at least three-fourths of the members present when the vote is taken.
Article 16 cites

Provisions named in the text of Article 16. Where the cited provision is on this site, the link opens it.