(a) Each general court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of his death, disability, or absence, it shall be authenticated by the signature of the trial counsel or by that of a member if the trial counsel is unable to authenticate it by reason of his death, disability, or absence. In a court-martial consisting of only a military judge the record shall be authenticated by the court reporter under the same conditions which would impose such a duty on a member under this subsection.
(b) Each special and summary court-martial shall keep a separate record of the proceedings in each case, and the record shall be authenticated in the manner required by such regulations as the President may prescribe.
(c)(1) A complete record of the proceedings and testimony shall be prepared—
(A) in each general court-martial case in which the sentence adjudged includes death, a dismissal, a discharge, or (if the sentence adjudged does not include a discharge) any other punishment which exceeds that which may otherwise be adjudged by a special court-martial; and
(B) in each special court-martial case in which the sentence adjudged includes a bad-conduct discharge, confinement for more than six months, or forfeiture of pay for more than six months.
(2) In all other court-martial cases, the record shall contain such matters as may be prescribed by regulations of the President.
(d) A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is authenticated.
(e) In the case of a general or special court-martial involving a sexual assault or other offense covered by section 920 of this title (article 120), a copy of all prepared records of the proceedings of the court-martial shall be given to the victim of the offense if the victim testified during the proceedings. The records of the proceedings shall be provided without charge and as soon as the records are authenticated. The victim shall be notified of the opportunity to receive the records of the proceedings.
(Aug. 10, 1956, ch. 1041, 70A Stat. 56; Pub. L. 90–632, §2(23), Oct. 24, 1968, 82 Stat. 1340; Pub. L. 98–209, §6(c), Dec. 6, 1983, 97 Stat. 1400; Pub. L. 106–398, §1 [[div. A], title V, §555(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–127; Pub. L. 112–81, div. A, title V, §586(e), Dec. 31, 2011, 125 Stat. 1435.)
|Revised section||Source (U.S. Code)||Source (Statutes at Large)|
|May 5, 1950, ch. 169, §1 (Art. 54), 64 Stat. 125.|
|855.||55.||Cruel and unusual punishments prohibited.|
|856a.||56a.||Sentence of confinement for life without eligibility for parole.|
|857.||57.||Effective date of sentences.|
|857a.||57a.||Deferment of sentences.|
|858.||58.||Execution of confinement.|
|858a.||58a.||Sentences: reduction in enlisted grade upon approval.|
|858b.||58b.||Sentences: forfeiture of pay and allowances during confinement.|
Pub. L. 113–66, div. A, title XVII, §1705(a)(2)(B), (c), Dec. 26, 2013, 127 Stat. 959, 960, provided that, effective 180 days after Dec. 26, 2013, and applicable to offenses specified in section 856(b)(2) of this title committed on or after that date, this analysis is amended by striking the item relating to section 856 and inserting the following new item:
|856.||56.||Maximum and minimum limits.|
See 2013 Amendment note below.
Last modified: October 26, 2015