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==Hearing== Prior to imposition of NJP, the commander will notify the accused of the commander's intention to impose punishment, the nature of the misconduct alleged, supporting evidence, and a statement of the accused's rights under the UCMJ.{{r|MCM|at=V-2}} All service members, except those embarked or attached to a vessel currently away from its homeport, have a right to refuse NJP and request a court-martial {{r|MCM|at=V-3}}. If the accused does not accept the NJP, the NJP hearing is terminated and the commander must make the decision of whether to process the service member for court-martial. If the accused accepts NJP, the accused can choose to have a hearing or waive said right.{{r|MCM|at=V-3}}. If a hearing proceeds, the accused may choose to be accompanied by a spokesperson.{{r|MCM|at=V-3}} The accused may present evidence and witnesses to the commander. The commander must consider any information offered during the hearing, and must be personally convinced that the service member committed misconduct before imposing punishment.
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