HAR §7-5-3. Action if accused objects to trial by summary court-martial

The accused has no right to object to a summary court-martial if the accused has been permitted and has elected to refuse nonjudicial punishment; provided in all other cases, if the accused does not consent to trial by summary court-martial, the convening authority may: (1) Dismiss the charges; (2) Convene a special or general court-martial, if the convening authority is a proper convening authority; (3) Refer the case through military channels to a proper convening authority; or (4) Take any other action not prohibited by law. [Eff: FEB 11 1985] (Auth: HRS §§124A-61, 124A-171) (Imp: HRS §124A-35) Hawaii Administrative Rules: Title 7, Dept. of Defense; Subtitle 1, Military Justice; Chapter 5: Pre-Trial Confinement and Other Pre-Trial Actions State of Hawaii Department of Defense: Administrative Services Office [http://www.dod.state.hi.us/aso] (Page 2 of 3) BACK TO TOP Hawaii Administrative Rules: Title 7, Dept. of Defense; Subtitle 1, Military Justice; Chapter 5: Pre-Trial Confinement and Other Pre-Trial Actions State of Hawaii Department of Defense: Administrative Services Office [http://www.dod.state.hi.us/aso] (Page 3 of 3)