Current through November, 2024
Section 7-3-2 - The courts-martial system(a) Chapters 7-3 to 7-7 deal with general, special and summary courts-martial. The maximum punishments which may be imposed by courts-martial shall be as provided in the exhibit entitled "Annex 9" dated 1 November 1984, located at the end of this subtitle, which is made a part of this section. An accused person shall not be tried by summary court-martial over the accused's objection unless the accused has been permitted to refuse punishment under section 124A-21, HRS. Section 7-5-3 sets out the convening authority's options if the accused refuses trial by summary court-martial.(b) The procedures for establishing and conducting summary, special, and general courts-martial (including making necessary modifications to the charge sheet) may be substantially those used by the federal military services.(c) A law officer shall be detailed for a general court-martial as provided in section 124A-45, HRS, and the appointment of the president of a special court-martial shall be subject to the requirements of section 124A-44(f), HRS.[Eff: FEB 11 1985] (Auth: HRS §§ 124A-61, 124A-171) (Imp: §§ 124A-21, 124A-31, 124A-44, 124A-45, 124A-61)