Hawaii Administrative Rules
Title 7 - DEPARTMENT OF DEFENSE
Subtitle 1 - MILITARY JUSTICE
Chapter 6 - CONVENING AUTHORITY'S POST-TRIAL ACTIONS
Section 7-6-3 - Suspension of sentences; generally

Universal Citation: HI Admin Rules 7-6-3
Current through February, 2024

At any time prior to adjournment of the court-martial, an accused may file with the court a written application of suspension of sentence, AGHI Form SJAG 3, an example of which is contained in the exhibit entitled "Annex 19" dated 1 November 1984, located at the end of this subtitle. The presiding officer of any court-martial shall inform the accused of the right to file the application and give the accused an opportunity to do so.

The form shall be filed in all cases in which the accused is seeking suspension of sentence, whether or not a pre-trial agreement with the convening authority has been entered into.

The convening authority may suspend the execution of any approved sentence whether or not the application has been filed. If the convening authority suspends the sentence, the permissible terms and conditions of the suspension shall include those stated on the application for suspension of sentence.

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