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Court Martial Act 2007

Jurisdiction, procedures, and powers - Procedures - Discharge of military members

48: Discharge of military members

You could also call this:

"What happens when a military member is discharged from a court martial"

Illustration for Court Martial Act 2007

You can be discharged from being a military member in a court martial. The Judge must discharge you if you cannot agree on a decision. The Judge can also discharge you if they think it is necessary for justice. If the Judge dies or cannot attend after a trial starts, another Judge takes over. This new Judge must discharge you from your duties. When you are discharged, you are free from your court duties. If you are discharged because you could not agree, Section 55(2) applies to you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1001992.

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Part 2Jurisdiction, procedures, and powers
Procedures: Discharge of military members

48Discharge of military members

  1. The Judge—

  2. must discharge the military members if they are unable to reach a unanimous decision on the charge; or
    1. may discharge the military members if, before or after the beginning of a trial, the Judge considers it to be necessary or expedient in the interests of the administration of justice.

      1. Section 55(2) applies if subsection (1)(a) applies.

      2. If, after the beginning of a trial, the Judge dies or is otherwise unable to attend,—

      3. the Chief Judge must assign another Judge to be the Judge of the Court Martial; and
        1. that Judge must discharge the military members.

          1. If the military members are discharged under this section, they are released from their functions and duties to the court.