HAR §7-2-16. Waiver of court-martial

(a) If the member waives court-martial and does not submit matters in the member's own behalf, the commanding officer may immediately proceed to impose punishment. (b) If the member waives court-martial but does submit matters in defense, extenuation, or mitigation, orally or in writing, the commanding officer shall consider these matters. If the commanding officer determines that there is insufficient evidence to support the allegations against the member, or that there is some other valid reason for not punishing the member, the non-judicial punishment proceeding shall be terminated and all records concerning the proceeding shall be destroyed. (c) If, after considering submitted matters, the commanding officer is convinced that the member is guilty of the offense or offenses charged, and that non-judicial punishment is appropriate, the commanding officer shall impose punishment. [Eff: FEB 11 1985] (Auth: HRS §§124A-21, 124A-171) (Imp: HRS §124A-21) BACK TO TOP