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Court Martial Act 2007

Jurisdiction, procedures, and powers - Findings of Court Martial - Sentence of Court Martial

62: Order to come up for sentence if called on

You could also call this:

"Waiting for a Sentence: Coming Back to Court"

Illustration for Court Martial Act 2007

If you are found guilty of a crime, the Court Martial can choose not to give you a sentence right away. They can order you to come back for sentencing if they call you within a certain time. This time is up to one year from the date you were found guilty. The Court Martial decides how long this time will be. They must write down the facts they found about your case and keep them with the record of what happened. You can be ordered to come back for sentencing and also have other orders made about you. These other orders can be made under section 86 or 87 of the 1971 Act. The Court Martial can make these orders at the same time as they order you to come back for sentencing. This means you might have to follow certain rules while you are waiting to be sentenced.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1002013.

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Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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61: Sentence of Court Martial, or

"How a Court Martial Decides Your Sentence"

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63: Offender to come up for sentence, or

"Going back to court for not following the rules"

Part 2Jurisdiction, procedures, and powers
Findings of Court Martial: Sentence of Court Martial

62Order to come up for sentence if called on

  1. If the accused is convicted of an offence, the Court Martial may, instead of passing sentence, order the accused to appear for sentence, if called on to do so within the period specified in subsection (2).

  2. The period referred to in subsection (1) is a period not exceeding 1 year, commencing with the date of conviction, that the Court Martial may specify in the order.

  3. If the Court Martial makes an order under subsection (1), the court must record and attach to the record of proceedings a statement of its findings of fact in relation to the charge.

  4. The Court Martial may make orders under section 86 or 87 of the 1971 Act in combination with an order under subsection (1).