Haw. Code R. § 7-4-6 - Charges and specifications

(a) The most important part of the charge sheet is the page which contains the charges and specifications. The "charge" shall indicate the section of chapter 124A, HRS, which is alleged to have been violated. The "specification" under the charge shall state the facts and circumstances which constitute a violation of that section. There may be more than one specification under a single charge and more than one charge on a charge sheet. The charges and specifications shall be written so that they clearly advise the accused of the date, time, place, and circumstances of each alleged offense. The servicing judge advocate may be consulted prior to drafting the charges and specifications. Defective charges or specifications may result in dismissal of the case.

(b) The exhibit entitled "Annex 11" dated 1 November 1984, located at the end of this subtitle contains sample charges and specifications for some of the more common offenses. Particular care shall be exercised to insure that charges and specifications are legally and technically correct. Appendix 6 of the Manual for Courts-Martial, United States, contains sample charges and specifications for all offenses as well as instructions for their preparation.

Notes

Haw. Code R. § 7-4-6

[Eff: FEB 11 1985] (Auth: HRS §§ 124A-61, 124A-171) (Imp: HRS § 124A-51)