Sec. 27-177. Mittimus for confinement on failure to appear for trial. Bail. Confinement pending trial.
Sec. 27-177. Mittimus for confinement on failure to appear for trial. Bail. Confinement pending trial. 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.