Court Martial Act 2007

Jurisdiction, procedures, and powers - Procedures

43: Preliminary procedure

You could also call this:

"What happens before a Court Martial trial starts"

You need to know what happens before a Court Martial trial starts. The Registrar is in charge of setting a time and place for the trial. They must tell the accused, the Director of Military Prosecutions, the Judge, and the military members about the time and place. They do this by giving them written notice. When the trial begins, the notice must include some extra things. For the accused, it must include a copy of the charge sheet and all the documents about the charge. For the military members, it must include an information sheet that explains their roles and duties. This information sheet must be in a special format. The charge sheet is certified by the Director of Military Prosecutions, as stated in section 101F(c) of the 1971 Act. You can find more information about this in the legislation. The Registrar gets the charge sheet in accordance with section 101F(e) of that Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1001985.

This page was last updated on 12 December 2025 — View changes

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Part 2Jurisdiction, procedures, and powers
Procedures

43Preliminary procedure

The Registrar must—
fix the time and place for each sitting of the Court Martial; and
give written notice of the time and place fixed to—
1. the accused; and
2. the Director of Military Prosecutions; and
3. the Judge for the proceedings; and
4. the military members for the proceedings.

At the beginning of the trial, the notice under subsection (1)(b) must—
be accompanied by a copy of the charge sheet certified by the Director of Military Prosecutions in accordance with section 101F(c) of the 1971 Act and laid before the Registrar in accordance with section 101F(e) of that Act; and
in the case of a notice to the accused, be accompanied by a copy of all documents submitted to the Judge by the Director of Military Prosecutions in relation to the charge; and
in the case of a notice to the military members, be accompanied by an information sheet that—
1. describes the functions and duties of military members; and
2. is in the prescribed form.