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Court Martial Act 2007

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

63: Offender to come up for sentence

You could also call this:

"Going back to court for not following the rules"

Illustration for Court Martial Act 2007

You have done something wrong and the Court Martial has made an order about it. If you do something wrong again, or do not follow the order, you will have to go back to the Court Martial. The Court Martial can look at what you did wrong the first time and what you have done since then. The Director of Military Prosecutions can ask the Court Martial to bring you back to court at any time to deal with what you did wrong the first time.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1002014.

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62: Order to come up for sentence if called on, or

"Waiting for a Sentence: Coming Back to Court"

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64: Other offences may be taken into account in passing sentence, or

"The court can consider other crimes when deciding your punishment."

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

63Offender to come up for sentence

  1. This section applies if an offender for whom an order is made under section 62—

  2. is convicted or found guilty summarily of a subsequent offence against the 1971 Act or any other Act; or
    1. fails to comply with any other order referred to in section 62(4); or
      1. fails to comply with any agreement, or fails to take any measure or action, of a kind referred to in section 10(1)(b), (d), or (e) of the Sentencing Act 2002 that was brought to the attention of the Court Martial at the time the Court Martial made the order under section 62.

        1. The Director of Military Prosecutions may, at any time within the period specified in the order, apply to the Court Martial to have the offender brought before the Court Martial to be dealt with for the original offence.

        2. On an application under subsection (2), the offender is to be placed in close arrest and brought before the Court Martial at the time and place directed by the Registrar.

        3. If a person appears before the Court Martial under this section and the Court Martial is satisfied of any of the matters specified in subsection (1), the Court Martial—

        4. must inquire into the circumstances of the original offence and the conduct of the offender since the order was made (including, if appropriate, the circumstances and seriousness of the subsequent offence (if any)); and
          1. may sentence the offender for the original offence.