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Who may order confinement? (see Pretrial restraint & pretrial confinement in the military):

Confinement is “imposed pursuant to orders by a competent authority by the delivery of a person to a place of confinement”, while other forms of pretrial restraint are “imposed by notifying the person orally or in writing of the restraint, including its terms or limits.” USMJ art. 9(b), (c) (2005); R.C.M. 304(d).

Officers may only be ordered into restraint by “a commander to whose authority” they are subject, and the authority may not be delegated.

Enlisted personnel may be ordered by, “Any commissioned officer.” Here, authority may be delegated by a commanding officer to warrant, petty and noncommissioned officers of his/her command. “Article 9(b)”; R.C.M. 304(b).

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