(a) Subject to subsection (b), any person subject to this chapter may be ordered into arrest or confinement as the circumstances require.
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Terms Used In Hawaii Revised Statutes 124B-14

  • Arrest: Taking physical custody of a person by lawful authority.
  • Arrest: means the restraint of a person by an order, not imposed as a punishment for an offense, directing the person to remain within certain specified limits. See Hawaii Revised Statutes 124B-1
  • Confinement: means the physical restraint of a person. See Hawaii Revised Statutes 124B-1
  • Governor: means the governor of the State. See Hawaii Revised Statutes 124B-1
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) When a person subject to this chapter is charged only with an offense that is normally tried by summary court-martial, the person ordinarily shall not be ordered into confinement.
(c) When any person subject to this chapter is placed in arrest or confinement before trial:

(1) Immediate steps shall be taken to inform the person of the specific charge or offense of which the person is accused; and
(2) Diligent steps shall be taken to try the person or to dismiss the charges and release the person.
(d) To facilitate compliance with subsection (c), the governor shall adopt rules setting forth procedures relating to referral for trial, including procedures for prompt forwarding of the charges and specifications and, if applicable, the preliminary hearing report submitted under section 124B-54.

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