Delaware Code Title 20 Sec. 153 – Special courts-martial
(a) A commander of the rank of O-6 (Colonel), the commander of any other unit specifically designated by the Adjutant General, the Assistant Adjutant General for the Army National Guard, the Assistant Adjutant General for the Air National Guard and the Adjutant General may convene a special court-martial by appropriate order.
Terms Used In Delaware Code Title 20 Sec. 153
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Unit: shall mean any part of the Delaware National Guard designated a "unit" by order of the Adjutant General. See Delaware Code Title 20 Sec. 102
- United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
(b) A special court-martial may impose any sentence authorized for a general court-martial, including a bad-conduct discharge, except that fines and forfeiture are limited to 12 unit training assemblies.
(c) Any sentence imposed by a special court-martial shall not become effective until acted upon by the convening authority in accordance with the Manual for Courts-Martial of the United States.
(d) A special court-martial shall have jurisdiction to try any member of the Delaware National Guard.
Code 1915, § ?310B; 33 Del. Laws, c. 46, § ?1; Code 1935, § ?275; 20 Del. C. 1953, § ?153; 64 Del. Laws, c. 258, § ?1; 68 Del. Laws, c. 108, § ?2; 72 Del. Laws, c. 106, § ?12; 81 Del. Laws, c. 40, § 1;