Do NCOs have authority to apprehend any person subject to trial by court-martial under the MCM?

• A. Yes
• B. No
• C. Only when authorized by the commander
• D. Only for enlisted personnel

Answer: (A)

Yes. The MCM and UCMJ empower those in the chain of command to apprehend individuals subject to trial by court-martial, and NCOs are included in that authority. This allows an NCO to detain or arrest a person under the UCMJ to secure appearance before the proper authorities, prevent escape, or preserve evidence, particularly within their unit or area of responsibility. It isn’t limited to enlisted personnel or to situations only with commander authorization; NCOs act in their official capacity to maintain order and discipline. After apprehension, the person is typically turned over to military police or the appropriate processing authority.