1. LawStack
  2. Title 10 - ARMED FORCES
  3. Subtitle A - General Military Law
  4. Part II - PERSONNEL
  5. Chapter 47 - Art.I. General Provisions 801 1 II. Apprehension and Restraint 807 7 III. Non-Judicial Punishment 815 15 IV. Court-Martial Jurisdiction 816 16 V. Composition of Courts-Martial 822 22 VI. Pre-Trial Procedure 830 30 VII. Trial Procedure 836 36 VIII. Sentences 855 55 IX. Post-Trial Procedure and Review of Courts-Martial 859 59 X. Punitive Articles 877 77 XI. Miscellaneous Provisions 935 135 XII. United States Court of Appeals for the Armed Forces 941 141
  6. Subchapter VI - Art. 830. 30. Charges and specifications. 830a. 30a. Proceedings conducted before referral. 831. 31. Compulsory self-incrimination prohibited. 832. 32. Preliminary hearing required before referral to general court-martial. 833. 33. Disposition guidance. 834. 34. Advice to convening authority before referral for trial. 835. 35. Service of charges; commencement of trial
  7. 10 USC § 833
10 USC § 833
Art 33. Disposition guidance
October 30, 2020
USC

The President shall direct the Secretary of Defense to issue, in consultation with the Secretary of the department in which the Coast Guard is operating when it is not operating as a service in the Navy, non-binding guidance regarding factors that commanders, convening authorities, staff judge advocates, and judge advocates should take into account when exercising their duties with respect to disposition of charges and specifications in the interest of justice and discipline under sections 830 and 834 of this title (articles 30 and 34). Such guidance shall take into account, with appropriate consideration of military requirements, the principles contained in official guidance of the Attorney General to attorneys for the Government with respect to disposition of Federal criminal cases in accordance with the principle of fair and evenhanded administration of Federal criminal law.

 Open Table
Historical and Revision Notes
Revised section Source (U.S. Code) Source (Statutes at Large)
833 50:604. May 5, 1950, ch. 169, §1 (Art. 33), 64 Stat. 119.

Amendments

2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: "When a person is held for trial by general court-martial the commanding officer shall, within eight days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the officer exercising general court-martial jurisdiction. If that is not practicable, he shall report in writing to that officer the reasons for delay."

Effective Date of 2016 Amendment

Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
Previous
§ 832 Art. 32. Preliminary hearing required before referral to general court-martial
Next
§ 834 Art. 34. Advice to convening authority before referral for trial

Tried the LawStack mobile app?

Join thousands and try LawStack mobile for FREE today.

  • Carry the law offline, wherever you go.
  • Download CFR, USC, rules, and state law to your mobile device.

Designed and built by Tekk Innovations LLC, the makers of the LawStack iPhone app or Android app.

© 2020 Tekk Innovations LLC