Chapter 5: Pre-Trial Confinement and Other Pre-Trial Actions

HAWAII ADMINISTRATIVE RULES
TITLE 7
DEPARTMENT OF DEFENSE
SUBTITLE 1
MILITARY JUSTICE
CHAPTER 5
PRE-TRIAL CONFINEMENT AND OTHER PRE-TRIAL ACTIONS
§7-5-1: Apprehension; pre-trial confinement
§7-5-2: Convening authority's role in setting up the trial
§7-5-3: Action if accused objects to trial by summary court-martial
§7-5-1 Apprehension; pre-trial confinement
(a) Any commanding officer may order military police of the state military force concerned to apprehend
any member of the commanding officer's command who the commanding officer has probable cause to
believe has committed an offense under chapter 124A, HRS, or chapter 7-9.
(b) Upon apprehension of the suspected offender, the person executing the apprehension shall deliver the
suspected offender to the commanding officer who ordered the apprehension.
(c) The commanding officer shall then, determine the appropriate level of restraint, if any. Restraint
includes but shall not be limited to:
(1) Restriction to a specific area;,
(2) Arrest in quarters; or
(3) Pre-trial confinement.
When apprehended only for charges normally tried by a summary court-martial the suspected
offender shall not ordinarily be placed in pre-trial confinement.
(d) Where a suspected offender has been apprehended only for an offense normally tried by a summary
court-martial, the suspect shall be charged not later than forty-eight hours after the imposition of any
pre-trial restraint.
(e) The commanding officer shall take all steps required under section 124A-14 to insure that any
suspected offender is not subject to unnecessary pre-trial restraint.
(f) Pre-trial confinement shall be in facilities designated by section 7-6-7.
[Eff: FEB 11 1985] (Auth: HRS §§124A-11, 124A-171) (Imp: HRS §124A-13, 124A-14)
Hawaii Administrative Rules: Title 7, Dept. of Defense; Subtitle 1, Military Justice; Chapter 5: Pre-Trial Confinement and Other Pre-Trial Actions
State of Hawaii Department of Defense: Administrative Services Office [http://www.dod.state.hi.us/aso] (Page 1 of 3)

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§7-5-2 Convening authority's role in setting up the trial.
(a) The convening authority shall provide suitable space for the conduct of the court-martial and provide
such administrative support as may be required.
(b) The convening authority shall notify the accused and, if the accused is represented, the defense
counsel of the time, date, and place of trial. The exhibit entitled "Annex 18" dated 1 November 1984,
located at the end of this subtitle contains a sample "Notice of Trial Setting". The notice shall be
delivered in person or by certified mail, return receipt requested delivered to addressee only. If mailed,
the notice shall be sent in a postage and fees paid envelope and deposited in an office of the United States
Postal Service. Delivery to the accused, mailed to the latest available address as shown on the records of
the units, shall be presumed seven days following date of deposit.
(c) Not less than twenty calendar days (or such shorter time as the convening authority may establish)
prior to the court-martial, the trial counsel and defense counsel shall provide the convening authority
with a list of military and civilian personnel each desires to call as witnesses. The list shall include the
name, home address and phone number, business address and phone number, and military unit (where
applicable).
(d) The convening authority through trial counsel shall take the necessary action to attempt to insure that
all military personnel are available to participate in the proceedings. The summary court officer or
president of the court-martial may issue subpoenas and letters of explanation to secure the presence of
persons not subject to military orders. Examples of subpoenas and letters are shown in the exhibits
entitled "Annex 15", "Annex 16", and "Annex 17", all dated 1 November 1984, located at the end of this
subtitle.
[Eff: FEB 11 1985] (Auth: HRS §§124A-61, 124A-171) (Imp: HRS §124A-71, 124A-72)
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§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.
[Eff: FEB 11 1985] (Auth: HRS §§124A-61, 124A-171) (Imp: HRS §124A-35)
Hawaii Administrative Rules: Title 7, Dept. of Defense; Subtitle 1, Military Justice; Chapter 5: Pre-Trial Confinement and Other Pre-Trial Actions
State of Hawaii Department of Defense: Administrative Services Office [http://www.dod.state.hi.us/aso] (Page 2 of 3)

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Hawaii Administrative Rules: Title 7, Dept. of Defense; Subtitle 1, Military Justice; Chapter 5: Pre-Trial Confinement and Other Pre-Trial Actions
State of Hawaii Department of Defense: Administrative Services Office [http://www.dod.state.hi.us/aso] (Page 3 of 3)