Haw. Code R. § 7-6-2 - Convening authority's action

(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 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. Section 7-6-8 shall also apply.

(f) Upon ordering the punishment into execution, the convening authority shall complete that portion of the charge sheet designated "To Be Filled in By Convening Authority".

(g) The convening authority shall cause the remaining portion of the charge sheet to be completed by the appropriate officer.

Notes

Haw. Code R. § 7-6-2

[Eff: FEB 11 1985] (Auth: HRS §§ 124A-61, 124A-171) (Imp: HRS §§ 124A-91, 124A-93, 124A-94, 124A-95, 124A-96, 124A-97)