HAR §7-6-2

HAR §7-6-2. Convening authority's action

Length: 273 wordsOfficial source

Cite as Haw. Code R. § 7-6-2

(a) The record of trial and review shall be forwarded to the convening authority for action. (b) The convening authority may approve all or part of the adjudged sentence or disapprove the findings Hawaii Administrative Rules: Title 7, Dept. of Defense; Subtitle 1, Military Justice; Chapter 6: Convening Authority's Post-Trial Actions State of Hawaii Department of Defense: Administrative Services Office [http://www.dod.state.hi.us/aso] (Page 1 of 6) and sentence; provided in general courts-martial, the convening authority shall refer the record to the designated staff judge advocate pursuant to section 124A-93, HRS. (c) If the convening authority approves any part of the adjudged sentence which has not been executed, the convening authority may: (1) Order the approved sentence into execution; or (2) Suspend execution of the sentence as provided in section 7-6-3. (d) If the convening authority disapproves the findings and sentence of a court-martial, the convening authority may order a rehearing, except where there is a lack of evidence of guilt in the record to support the findings. When the convening authority disapproves the findings and sentence, the reasons for disapproval shall be stated. If the convening authority disapproves the findings and sentence and does not order a rehearing, the charges shall be dismissed. (e) If a member is sentenced to confinement as a result of two or more courts-martial, the convening authority may order the periods of confinement into execution consecutively or concurrently as the convening authority deems appropriate. "Consecutively" means that the punishment starts after the other has been served. "Concurrently" means that the punishment shall be served at the same time. Fines shall be due in the aggregate sum imposed and approved.