(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.
Structure US Code
Subtitle A— General Military Law
CHAPTER 47— UNIFORM CODE OF MILITARY JUSTICE
SUBCHAPTER V— COMPOSITION OF COURTS-MARTIAL
§ 822. Art. 22. Who may convene general courts-martial
§ 823. Art. 23. Who may convene special courts-martial
§ 824. Art. 24. Who may convene summary courts-martial
§ 824a. Art. 24a. Special trial counsel
§ 825. Art. 25. Who may serve on courts-martial
§ 825a. Art. 25a. Number of court-martial members in capital cases
§ 826. Art. 26. Military judge of a general or special court-martial
§ 826a. Art. 26a. Military magistrates
§ 827. Art. 27. Detail of trial counsel and defense counsel
§ 828. Art. 28. Detail or employment of reporters and interpreters
§ 829. Art. 29. Assembly and impaneling of members; detail of new members and military judges