(a) Under such regulations as the Secretary concerned may prescribe, a member of the armed forces accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial.
(b) When delivery under this article is made to any civil authority of a person undergoing sentence of a court-martial, the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial, and the offender after having answered to the civil authorities for his offense shall, upon the request of competent military authority, be returned to military custody for the completion of his sentence.
(Aug. 10, 1956, ch. 1041, 70A Stat. 41.)
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
814(a)814(b)50:568(a).50:568(b).May 5, 1950, ch. 169, § 1 (Art. 14), 64 Stat. 112.
In subsection (a), the words “Secretary concerned” are substituted for the words “Secretary of the Department”.
In subsection (b), the word “interrupts” is substituted for the words “shall be held to interrupt”. The word “his” is substituted for the words “the said court-martial”.
Statutory Notes and Related Subsidiaries
Regulations for Delivery of Military Personnel to Civil Authorities When Charged With Certain OffensesPub. L. 100–456, div. A, title VII, § 721, Sept. 29, 1988, 102 Stat. 2001, directed the Secretary of Defense to ensure that the Secretaries of the military departments had issued uniform regulations pursuant to this section not later than 90 days after Sept. 29, 1988, and to transmit to committees of Congress a copy of such regulations and any recommendations for additional legislation not later than 120 days after Sept. 29, 1988.