Haw. Code R. § 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.

Notes

Haw. Code R. § 7-5-3

[Eff: FEB 11 1985] (Auth: HRS §§ 124A-61, 124A-171) (Imp: HRS § 124A-35)