10 U.S.C. § 824

Art. 24. Who may convene summary courts-martial

(a)

Summary courts-martial may be convened by—

(1)

any person who may convene a general or special court-martial;

(2)

the commanding officer of a detached company, or other detachment of the Army;

(3)

the commanding officer of a detached squadron or other detachment of the Air Force or a corresponding unit of the Space Force; or

(4)

the commanding officer or officer in charge of any other command when empowered by the Secretary concerned.

(b)

When only one commissioned officer is present with a command or detachment he shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases brought before him. Summary courts-martial may, however, be convened in any case by superior competent authority when considered desirable by him.

( Aug. 10, 1956, ch. 1041 , 70A Stat. 45 ; Pub. L. 116–283, div. A, title IX, § 924(b)(21)(C) , Jan. 1, 2021 , 134 Stat. 3824 .)