Article 7: Apprehension
The taking of a person into custody if there is a reasonable belief that an offense has been committed and that the person apprehended committed it
Article 8: Apprehension of Deserters
A civilian officer having authority to apprehend offenders under the laws of the United States or of a State, may apprehend a deserter and deliver him into the custody of the armed forces
Article 9: Imposition of Restraint
Arrest is the restraint of a person by an order not imposed as a punishment. Confinement is physical restraint.
Must have probable cause
Any commissioned officer may order an enlisted member into arrest or confinement by an order. CC may delegate authority to a NCOs.
Only a commanding officer may order a commissioned officer into arrest or confinement. Authority is not delegable.
Security forces personnel authorized to apprehend offenders may do so until proper authority is notified
Article 10: Restraint of Persons Charged with Offenses
Anyone subject to the UCMJ and charged with an offense can be ordered into arrest or confinement if the circumstances require
A person charged with an offense normally tried by a summary court-martial should not ordinarily be ordered into confinement
When confined prior to trial, the person will be informed of the specific wrong alleged and will be either tried or the charges will be dismissed and the person released
Restraint begins the 120-day speedy trial clock
Article 11: Reports and Receiving of Prisoners
Confinement facilities may not refuse to receive prisoners. The commander of the confinement facility shall report within 24 hours of restraint the name of the prisoner, the charged offenses, and the name of the person ordering the restraint
Article 12: Confinement with Enemy Prisoners Prohibited
No member of the Armed Forces may be confined with enemy prisoners or other foreign nationals not in the Armed Forces
Article 13: Punishment Prohibited Before Trial
No person may be subject to punishment or penalty, other than arrest or confinement, for pending charges. Arrest or confinement shall be no more rigorous than that needed to ensure presence at court
Article 14: Delivery of Offenders to Civil Authorities
A member of the armed forces accused of a civilian crime, may be delivered to the civil authorities for trial