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Court Martial Act 2007

Preliminary provisions relating to Court Martial - Duties of members of Court Martial - Duties of Judge

29: Duties of Judge: general

You could also call this:

"A Judge's Job: Being Fair and Helping the Accused Person"

Illustration for Court Martial Act 2007

You are a Judge in a Court Martial. You must act impartially at all times. You must be present when the Court Martial is sitting, except when it is deliberating. You must ensure the accused person's defence is not prejudiced. You can call or recall any witness to clarify matters. You must keep a proper record of proceedings. You must follow the rules of procedure to keep the record safe. You have a duty to help the accused person if they do not understand something. This includes making sure they can state their case and question witnesses. You must take necessary steps to ensure the accused person's rights are protected.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1001962.

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Topics:
Crime and justice > Courts and legal help
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"Replacing a Military Member in a Court Martial"

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30: Duties of Judge at trial, or

"The Judge's job is to make sure the trial is fair and follows the rules."

Part 1Preliminary provisions relating to Court Martial
Duties of members of Court Martial: Duties of Judge

29Duties of Judge: general

  1. A Judge must act impartially at all times.

  2. A Judge must be present whenever the Court Martial is sitting, whether in open or closed court, except when the court is deliberating on its findings at a trial or on a reconsideration of its findings.

  3. A Judge must (without prejudice to the Judge's duty under the rules of procedure) take all necessary steps to ensure that the defence of the accused is not prejudiced by the ignorance of the accused, or by any incapacity of the accused to state his or her case intelligibly or to question witnesses, or in any other way.

  4. A Judge may call or recall any witness that he or she considers should be questioned on any matter that the Judge considers requires clarification.

  5. A Judge must ensure that a proper record of any proceeding is made and is kept in safe custody in accordance with the rules of procedure.