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Court Martial Act 2007

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

30: Duties of Judge at trial

You could also call this:

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

Illustration for Court Martial Act 2007

You are at a trial and a Judge is in charge. The Judge must make sure the trial is run fairly and follows the rules. The Judge has to ensure the trial is conducted in a way that is suitable for a court. The Judge must follow the law and the rules of procedure. You can expect the Judge to make decisions on any problems with the charge sheet or the Court Martial. The Judge must ensure the prosecutor and the defender behave properly. The Judge's job is to make sure justice is fair and the accused person has a chance to defend themselves. The Judge must give the accused person a fair chance to defend themselves and make sure they do not say anything disrespectful. The Judge must also make sure that no one influences the Court Martial's decision. After all the evidence is presented, the Judge must sum up the case and explain the law to the Court Martial. The Judge must advise the Court Martial on the law if they think the Court Martial's decision is wrong. The Judge must let the accused person defend themselves without unnecessary restrictions. The Judge can stop the defence if it is not relevant, but only in extreme cases.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1001963.

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Topics:
Crime and justice > Courts and legal help
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29: Duties of Judge: general, or

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

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31: Duties of military members, or

"What military members must do during a court trial"

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

30Duties of Judge at trial

  1. A Judge must ensure that a trial is conducted—

  2. in accordance with this Act, the 1971 Act, and the rules of procedure; and
    1. in a manner that is appropriate for a court of justice.

      1. In particular, a Judge must act as follows:

      2. rule on any informality or defect in—
        1. the charge sheet; or
          1. the constitution of the Court Martial; or
            1. any other matter relating to the proceeding:
            2. ensure that the prosecutor and the defender or counsel conduct themselves in accordance with the rules of procedure:
              1. ensure that justice is administered and that the accused has a fair trial:
                1. afford the accused every reasonable opportunity to make his or her defence:
                  1. ensure that the accused refrains from making remarks contemptuous of, or disrespectful towards, the Court Martial and from using insulting language:
                    1. ensure that no officer under instruction who is present expresses an opinion to a member of the Court Martial on any matter relating to the trial before the court has announced its findings, nor on sentence before the court has passed sentence:
                      1. after the final addresses on behalf of the prosecution and the accused, sum up the evidence and advise the military members on the application of the law to the case before they retire to deliberate on their findings:
                        1. if the military members declare a finding of guilty (including any finding authorised by sections 56 to 59) and the Judge is of the opinion that the finding is contrary to law, advise the military members once (but only once) more of the findings that are, in the Judge's opinion, open to them in law.

                          1. For the purposes of subsection (2)(d), a Judge—

                          2. must not unnecessarily restrict the accused in the manner in which the accused makes the defence; and
                            1. must not stop the presentation of the defence on the ground of irrelevance except in extreme cases (although the Judge may caution the accused to avoid the defence becoming irrelevant).

                              1. Despite subsection (2)(e), a Judge must not prevent the accused from impeaching the evidence or motive of any witness, or charging any other person with any blame or criminality, if to do so is a part of the case for the defence (although the Judge may caution the accused of his or her liability to cross-examination if he or she follows that course).