The three kinds of courts–martial are: general courts–martial, as described in subsection (b) of this section; special courts–martial, as described in subsection (c) of this section; and summary courts–martial, as described in subsection (d) of this section. A general court–martial consists of: a military judge and not less than eight members; or a military judge alone, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests orally on the record or in writing a court composed only of a military judge and the military judge approves the request. A special court–martial consists of: a military judge and not less than four members; or a military judge alone: if the case is so referred by the convening authority, subject to § 13A–404 of this subtitle; or if the case is referred under item (1) of this subsection and, before the court is assembled, the accused, knowing the identity of the military judge and after consultation with defense counsel, requests, orally on the record or in writing, a court composed of a military judge alone and the military judge approves the request. A summary court–martial consists of one commissioned officer.

Each component of the State military forces has court–martial jurisdiction over all members of the particular component who are subject to this title. The Maryland Army and Maryland Air National Guard have court–martial jurisdiction over all members subject to this title.

Subject to § 13A–402 of this subtitle, general courts–martial have jurisdiction to try persons subject to this title for any offense made punishable by this title, and may, under such limitations as the Governor may prescribe, adjudge any punishment not forbidden by this title.

Subject to § 13A–402 of this subtitle, special courts–martial have jurisdiction to try persons subject to this title for any offense made punishable by this title, and may, under such limitations as the Governor may prescribe, adjudge any punishment not forbidden by this title except: dishonorable discharge; dismissal; confinement for more than 1 year; forfeiture of pay exceeding two–thirds pay per month; or forfeiture of pay for more than 1 year. A bad–conduct discharge, a confinement for more than 6 months, or a forfeiture of pay for more than 6 months may not be adjudged if charges and specifications are referred to a special courts–martial consisting of a military judge alone under § 13A–401 of this subtitle.

Subject to § 13A–402 of this subtitle, summary courts–martial have jurisdiction to try persons subject to this title, except officers, cadets, and candidates for an offense made punishable by this title under such limitations as the Governor may prescribe. No person with respect to whom summary courts–martial have jurisdiction may be brought to trial before a summary court–martial if that person objects thereto. If objection to trial by summary court–martial is made by an accused, trial by special or general court–martial may be ordered, as may be appropriate. Summary courts–martial may, under such limitations as the Governor may prescribe, adjudge any punishment not forbidden by this title except: dismissal; dishonorable or bad–conduct discharge; confinement for more than 1 month; restriction to specified limits for more than 2 months; or forfeiture of more than two–thirds of 1 month’s pay. A summary court–martial is a noncriminal forum. A finding of guilty at a summary court–martial does not constitute a criminal conviction.