Court Martial Act 2007

Preliminary provisions relating to Court Martial - Constitution of Court Martial for proceedings - Composition of Court Martial

21: Composition of Court Martial

You could also call this:

"Who is in a Court Martial"

Illustration for Court Martial Act 2007

When you are part of a Court Martial trial, the court must have a certain number of people. You will have one Judge and either five or three military members. The number of military members depends on how serious the offence is. If the offence is serious, like life imprisonment, you will have five military members. If it is not as serious, you will have three military members. For other Court Martial proceedings, you might just have one Judge. The Chief Judge chooses the Judge for the proceedings. The Registrar chooses the military members based on certain rules, which are outlined in sections 22 to 26 and sometimes section 28.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1001950.

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Part 1Preliminary provisions relating to Court Martial
Constitution of Court Martial for proceedings: Composition of Court Martial

21Composition of Court Martial

  1. For the purpose of any trial in the Court Martial and of any proceedings under section 63, the court must consist of—

  2. 1 Judge; and
    1. either of the following:
      1. 5 military members if the proceedings relate to an offence for which the maximum penalty is life imprisonment or a term of imprisonment of 20 years or more (a serious offence); or
        1. 3 military members in any other case.
        2. For the purpose of any other proceedings in the Court Martial, the court may consist of 1 Judge.

        3. The Chief Judge must assign the Judge for the proceedings.

        4. The Registrar must assign the military members in accordance with sections 22 to 26 and, as the case may be, section 28.