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Court Martial Act 2007

Preliminary provisions relating to Court Martial - Constitution of Court Martial for proceedings - Assignment of military members of Court Martial

23: Disqualifications for membership

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"Who can't be on a Court Martial panel"

Illustration for Court Martial Act 2007

You cannot be a military member of a Court Martial if you have been the accused person's commanding officer between the charge and trial dates. You are also disqualified if you are the prosecutor, a witness for the prosecution, or investigated the charge. You cannot sit as a military member if you were involved in the case in certain ways, such as being the disciplinary officer who acted under Part 5 of the 1971 Act, or if you have a personal interest in the case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1001953.

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22: Qualifications for membership, or

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24: Registrar must consider other factors in assigning military members, or

"The Registrar picks fair military members for a Court Martial, considering your rank and job."

Part 1Preliminary provisions relating to Court Martial
Constitution of Court Martial for proceedings: Assignment of military members of Court Martial

23Disqualifications for membership

  1. A person is disqualified to sit as a military member if he or she—

  2. has been the commanding officer of the accused at any time between the date on which the accused was charged and the date of the trial; or
    1. is the prosecutor or a witness for the prosecution; or
      1. has investigated the charge against the accused or was the officer who made the preliminary inquiry into the case; or
        1. was the disciplinary officer who acted under Part 5 of the 1971 Act in respect of the charge against the accused; or
          1. was a member or judge advocate of a previous court that tried the accused in respect of the same offence; or
            1. has held, or was one of the persons holding, an inquiry under the 1971 Act into matters relating to the subject matter of the charge against the accused; or
              1. has a personal interest in the case.