When an accused person has been arrested for failure to appear before a court-martial for trial, the military judge, president of the court-martial, if a special court-martial to which no military judge has been detailed, or summary court officer to whom the charges have been referred for trial may issue a mittimus for the confinement of such person pending trial. In such cases the accused shall be admitted to bail, the amount of the bail fixed, but not to exceed twice the authorized fine for the offense charged, and the surety or sureties thereon approved by the military judge, president of the court-martial, if a special court-martial to which no military judge has been detailed, or the summary court officer issuing the mittimus. In default of bail such person shall be confined pending trial. No person shall be kept in confinement pending trial for more than five days.
(1967, P.A. 717, S. 37; P.A. 89-221, S. 8.)
History: P.A. 89-221 authorized the “military judge” and the president of the court-martial, “if a special court-martial to which no military judge has been detailed”, to issue the mittimus and to approve the surety or sureties.
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