5401 - Courts-martial classified. - Pennsylvania Statutes

CHAPTER 54 COURTS-MARTIAL JURISDICTION Sec. 5401. Courts-martial classified. 5402. Jurisdiction of courts-martial in general. 5403. Jurisdiction of general courts-martial. 5404. Jurisdiction of special courts-martial. 5405. Jurisdiction of summary courts-martial. 5406. Sentences of dismissal, dishonorable discharge or bad conduct to be approved by the Governor. 5407. Record of bad conduct discharge proceedings. 5408. Confinement instead of fine. Enactment. Chapter 54 was added August 1, 1975, P.L.185, No.91, effective January 1, 1976. § 5401. Courts-martial classified. The three kinds of courts-martial in the State military forces are: (1) General courts-martial, consisting of: (i) a military judge and not less than five members; or (ii) 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 in writing a court composed only of a military judge and the military judge approves. (2) Special courts-martial, consisting of: (i) not less than three members; (ii) a military judge and not less than three members; or (iii) only a military judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed in paragraph (1)(ii) so requests. (3) Summary courts-martial, consisting of one commissioned officer.