DAFI51-205 — Delivery Of Personnel To United States Civilian Authorities For Trial And Criminal Jurisdiction Over Civilians And Dependents Not In The United States

DAFI51-205 governs delivery of personnel to U.S. civilian authorities and criminal jurisdiction over civilians and dependents outside the U.S.

Search DAFI51-205

  • Publication number: DAFI51-205
  • Title: DELIVERY OF PERSONNEL TO UNITED STATES CIVILIAN AUTHORITIES FOR TRIAL AND CRIMINAL JURISDICTION OVER CIVILIANS AND DEPENDENTS NOT IN THE UNITED STATES
  • Date: 2023-01-19

View DAFI51-205 on armypubs.army.mil


DAFI51-205 covers court-order delivery, MEJA notice and training, temporary detention, initial proceedings, and Article 2(a)(10) UCMJ jurisdiction. It requires notification before disciplinary action and addresses command authority, law enforcement, and courts-martial rights.

Topics covered

  • Delivery to civilian authorities
  • Military Extraterritorial Jurisdiction Act
  • Temporary detention
  • Initial proceedings
  • Article 2(a)(10) UCMJ jurisdiction
  • Command law enforcement authority
  • Notification procedures
  • Courts-martial rights

Questions and answers

When can DAF military members be delivered to civilian authorities for trial?

Pursuant to Article 14, UCMJ, a member of the armed forces accused of an offense in violation of U.S. federal, tribal, state, or local civilian statutes or regulations, may be delivered to federal, tribal, state, or local civilian authorities for trial upon their request. (paragraph 1)

Can commanders compel civilian employees or dependents to comply with court orders?

Commanders ordinarily do not have authority to compel compliance with court orders by civilian employees or dependents. (paragraph 1)

How long can the Judge Advocate General delay action to return DAF military members from outside the U.S.?

Grant a delay of not more than 90 days to complete action on requests to return DAF military members from locations outside the U.S. and must promptly report all delays to the Under Secretary of Defense for Personnel and Readiness (USD(P&R)) and also to the DoD General Counsel (DoD OGC). (paragraph 2)

When must commanders complete notification before disciplinary action under Article 2(a)(10), UCMJ?

Before initiating any disciplinary action against any person under Article 2(a)(10), UCMJ, commanders, through their staff judge advocates, shall comply with the notification procedures outlined below.

What punishments may a court-martial adjudge for an accused under Article 2(a)(10), UCMJ?

Subject to limitations in the MCM, a court-martial may adjudge only the following punishments for an accused under Article 2(a)(10), UCMJ: reprimand, fine, restriction to specified limits, confinement, and death.

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