Arrest by Civil Authorities

When a commander learns that a member of his/her command is being held by civilian authorities or is charged with a criminal offense, the commander should take prompt action:

• Contact the civilian authorities, inform them the person is a military member, and seek information about the facts and circumstances leading to the criminal charge(s).

• If possible, make arrangements for the member’s return to military control.

When a military member commits an offense on base in violation of both state and military law, the member is subject not only to prosecution by the state, but also the military. While permissible, military and civilian authorities normally consult to determine who will prosecute the offense(es).

Department of Defense policy is to request criminal jurisdiction from applicable civilian authorities for any offenses punishable under military law by servicemembers.