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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

28: Substitute military members

You could also call this:

"Replacing a Military Member in a Court Martial"

Illustration for Court Martial Act 2007

You can have a substitute military member in a Court Martial. The Registrar can assign a substitute before you enter a plea. This can be an officer or a warrant officer. If a military member cannot continue, a substitute can fill the vacancy. This can happen if a member dies, is ill, or is absent. You or the Director of Military Prosecutions can object to a substitute. If a military member cannot continue after you have entered a plea, the Judge must discharge all members. The Director of Military Prosecutions then decides what to do next. They can choose not to proceed or lay the charge again. If the charge is laid again, the Registrar assigns new military members. They follow the rules in sections 22 to 26 and section 28 of the Court Martial Act 2007. You can find more information about objections in section 27 and contempt of the Court Martial in section 32.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1001959.

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

28Substitute military members

  1. The Registrar may, before the accused has entered a plea to the charge at the trial, assign—

  2. an officer to act as a substitute military member for another officer; or
    1. a warrant officer to act as a substitute military member for another warrant officer.

      1. A substitute military member may be assigned to fill a vacancy in the military membership of the Court Martial if a military member—

      2. dies or becomes seriously ill; or
        1. is absent or is found to be disqualified to sit as a military member; or
          1. retires from the court as a result of an objection under section 27; or
            1. is found guilty of contempt of the Court Martial under section 32.

              1. The accused or the Director of Military Prosecutions may object to the Registrar about the assignment of any person as a substitute military member and the provisions of section 27 apply, with all necessary modifications, to that substitute military member.

              2. If, after the accused has entered a plea to the charge at the trial, a military member is unable to continue for one of the reasons specified in subsection (2), the Judge must discharge all of the military members and refer the charge back to the Director of Military Prosecutions.

              3. The Director of Military Prosecutions may—

              4. decide not to proceed with the charge; or
                1. lay the charge sheet again, or an amended version of the charge sheet, before the Registrar.

                  1. If subsection (5)(b) applies, the Registrar must assign new military members in accordance with sections 22 to 26 and, as the case may be, section 28.

                  Notes
                  • Section 28(1): amended, on , by section 29(1) of the Military Justice Legislation Amendment Act 2018 (2018 No 36).
                  • Section 28(2)(a): amended, on , by section 29(2) of the Military Justice Legislation Amendment Act 2018 (2018 No 36).
                  • Section 28(3): amended, on , by section 29(3) of the Military Justice Legislation Amendment Act 2018 (2018 No 36).
                  • Section 28(4): inserted, on , by section 29(4) of the Military Justice Legislation Amendment Act 2018 (2018 No 36).
                  • Section 28(5): inserted, on , by section 29(4) of the Military Justice Legislation Amendment Act 2018 (2018 No 36).
                  • Section 28(6): inserted, on , by section 29(4) of the Military Justice Legislation Amendment Act 2018 (2018 No 36).