10 U.S.C. § 823 – Art. 23. Who may convene special courts-martial

(a) Special courts-martial may be convened by—
1. (1) any person who may convene a general court-martial;
2. (2) the commanding officer of a district, garrison, fort, camp, station, Air Force or Space Force military installation, auxiliary air field, or other place where members of the Army ¹ the Air Force, or the Space Force are on duty;
3. (3) the commanding officer of a brigade, regiment, detached battalion, or corresponding unit of the Army;
4. (4) the commanding officer of a wing, group, or separate squadron of the Air Force or a corresponding unit of the Space Force;
5. (5) the commanding officer of any naval or Coast Guard vessel, shipyard, base, or station; the commanding officer of any Marine brigade, regiment, detached battalion, or corresponding unit; the commanding officer of any Marine barracks, wing, group, separate squadron, station, base, auxiliary air field, or other place where members of the Marine Corps are on duty;
6. (6) the commanding officer of any separate or detached command or group of detached units of any of the armed forces placed under a single commander for this purpose; or
7. (7) the commanding officer or officer in charge of any other command when empowered by the Secretary concerned.
(b) If any such officer is an accuser, the court shall be convened by superior competent authority, and may in any case be convened by such authority if considered advisable by him.

(Aug. 10, 1956, ch. 1041, 70A Stat. 44; Pub. L. 116–283, div. A, title IX, § 924(b)(21)(B), Jan. 1, 2021, 134 Stat. 3824.)

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
823(a) 823(b)	50:587(a). 50:587(b).	May 5, 1950, ch. 169, § 1 (Art. 23), 64 Stat. 115.

In subsection (a)(7), the words “Secretary concerned” are substituted for the words “Secretary of a Department”.

In subsection (b), the word “If” is substituted for the word “When”. The words “if considered” are substituted for the words “when deemed”.

Amendments

2021—Subsec. (a)(2). Pub. L. 116–283, § 924(b)(21)(B)(i), substituted “Air Force or Space Force military installation” for “Air Force base” and “the Air Force, or the Space Force” for “or the Air Force”.

Subsec. (a)(4). Pub. L. 116–283, § 924(b)(21)(B)(ii), inserted “or a corresponding unit of the Space Force” after “Air Force”.

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

¹ So in original. A comma probably should appear.