# § 825a. Art. 25a. Number of court-martial members in capital cases
**(a)** **In General.—** In a case in which the accused may be sentenced to death, the number of members shall be 12.
**(b)** **Case No Longer Capital.—** Subject to section 829 of this title (article 29)—
**(1)** if a case is referred for trial as a capital case and, before the members are impaneled, the accused may no longer be sentenced to death, the number of members shall be eight; and
**(2)** if a case is referred for trial as a capital case and, after the members are impaneled, the accused may no longer be sentenced to death, the number of members shall remain 12.
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**Source Credit**: (Added Pub. L. 107–107, div. A, title V, § 582(b)(1), Dec. 28, 2001, 115 Stat. 1124; amended Pub. L. 114–328, div. E, title LV, § 5183, Dec. 23, 2016, 130 Stat. 2900.)
## Editorial Notes
### Amendments
2016— amended section generally. Prior to amendment, text read as follows: “In a case in which the accused may be sentenced to a penalty of death, the number of members shall be not less than 12, unless 12 members are not reasonably available because of physical conditions or military exigencies, in which case the convening authority shall specify a lesser number of members not less than five, and the court may be assembled and the trial held with not less than the number of members so specified. In such a case, the convening authority shall make a detailed written statement, to be appended to the record, stating why a greater number of members were not reasonably available.”
## Statutory Notes and Related Subsidiaries
### Effective Date of 2016 Amendment
Amendment by effective on , as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see and Ex. Ord. No. 13825, set out as notes under .
### Effective Date
Section applicable with respect to offenses committed after , see , set out as an Effective Date of 2001 Amendment note under .