(a) Except as provided in (b) of this section, a person charged with an offense under this chapter may be arrested or confined as circumstances may require. A person arrested or confined before trial is entitled to prompt notice of the offense of which the person is accused.
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Terms Used In Alaska Statutes 26.05.400

  • code of military justice: means the provisions of this chapter and the regulations adopted by the adjutant general to implement this chapter. See Alaska Statutes 26.05.990
  • confinement: means the physical restraint of a person. See Alaska Statutes 26.05.990
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) A person subject to the code of military justice who is charged with a minor offense normally tried by a summary court-martial or subject to nonjudicial punishment under the code of military justice may not be placed in confinement.
(c) When a person subject to the code of military justice is placed in confinement before summary court-martial or nonjudicial punishment, the person shall be conditionally released pending disposition of the charges.
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