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Court Martial Act 2007

Jurisdiction, procedures, and powers - Jurisdiction and sittings of Court Martial - Sittings of Court Martial

38: When Court Martial must hold proceedings in closed court

You could also call this:

"When a Court Martial meeting is closed to the public"

Illustration for Court Martial Act 2007

You are part of a Court Martial. It must hold its proceedings in closed court when the Judge is making a decision on a question of law or procedure as stated in section 44, or when the military members are discussing the finding as stated in section 55, or when the Judge and military members are discussing the sentence as stated in section 61. The Court Martial can also hold its proceedings in closed court for other discussions. When the Court Martial holds its proceedings in closed court, only certain people can be there, including the Judge, military members, and other people the Judge says can be there, like those mentioned in section 39(2)(c)(iii) to (vii).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1001978.

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Part 2Jurisdiction, procedures, and powers
Jurisdiction and sittings of Court Martial: Sittings of Court Martial

38When Court Martial must hold proceedings in closed court

  1. The Court Martial must hold its proceedings in closed court while—

  2. the Judge sits alone to rule on any question of law or procedure in accordance with section 44:
    1. the military members deliberate on the finding in accordance with section 55:
      1. the Judge and the military members deliberate on the sentence in accordance with section 61.

        1. The Court Martial may hold its proceedings in closed court on any other deliberation.

        2. When the Court Martial holds its proceedings in closed court, only the following persons may be present:

        3. the members of the court referred to in subsection (1)(a), (b), or (c) (as the case requires):
          1. in the case of proceedings referred to in subsection (1)(a), the persons referred to in section 39(2)(c)(iii) to (vii):
            1. any other persons authorised by the Judge.