Section 400.400  Courts-Martial Classified

The 3 kinds of courts-martial in the SMF are:

a)         general courts-martial, consisting of:

1)         a military judge and not fewer than 5 members; or

2)         only a military judge, 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 only of a military judge, and the military judge approves;

b)         special courts-martial, consisting of:

1)         a military judge and not fewer than 3 members; or

2)         only a military judge, if one has been detailed to the court and the accused, under the same conditions prescribed in subsection (a)(2), so requests; and

c)         summary courts-martial consisting of one commissioned officer. (Code Section 16)