Section 400.405  Jurisdiction of Courts-Martial

a)         General.  Each component of the SMF has court-martial jurisdiction over all members of the particular component who are subject to the Code.  Additionally, the Army and Air National Guard SMF have court-martial jurisdiction over all members subject to the Code. (Code Section 17)

b)         General Courts-Martial. Subject to subsection (a), general courts-martial have jurisdiction to try persons subject to the Code for any offense made punishable by the Code, and may, under such limitations as the Governor may prescribe, adjudge any punishment not forbidden by the Code. (Code Section 18)

c)         Special Courts-Martial.  Subject to subsection (a), special courts-martial have jurisdiction to try persons subject to the Code for any offense made punishable by the Code, and may, under such limitations as the Governor may prescribe, adjudge any punishment not forbidden by the Code except dishonorable discharge, dismissal, confinement for more than one year, forfeiture of pay exceeding ⅔ pay per month, or forfeiture of pay for more than one year. (Code Section 19)

d)         Summary Courts-Martial

1)         Subject to subsection (a), summary courts-martial have jurisdiction to try persons subject to the Code, except officers, cadets and candidates, for any offense made punishable by the Code under such limitations as the Governor may prescribe. (Code Section 20(a))

2)         No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if that person objects.  If objection to trial by summary court-martial is made by an accused, trial by special or general court-martial may be ordered, as may be appropriate.  Summary courts-martial may, under such limitations as the Governor may prescribe, adjudge any punishment not forbidden by the Code except dismissal, dishonorable or bad-conduct discharge, confinement for more than one month, restriction to specified limits for more than 2 months, or forfeiture of more than ⅔ of one month's pay. (Code Section 20(b))