Court Martial Act 2007

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

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

You could also call this:

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

You can ask the Court Martial to consider other offences you have committed when they are deciding your sentence. You can only ask them to do this if the other offence is similar to the one you have been found guilty of and it is not an offence that can be punished with life imprisonment. The court can then take this other offence into account when deciding your sentence. If the court decides to take the other offence into account, they cannot give you a more severe punishment than the maximum allowed for the offence you were found guilty of. The court can order you to pay compensation under section 86 of the 1971 Act or return property under section 87 of that Act for the other offence. This means you might have to pay money or give back something that belongs to someone else. The court has the power to make these orders for any other offence they take into account under this section. You should be aware of this when you ask the court to consider other offences you have committed. The court's decision will depend on the circumstances of your case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1002015.

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

Topics:

Crime and justice > Courts and legal helpCrime and justice > Police and safety

63: Offender to come up for sentence, or

"Going back to court for not following the rules"

65: Court Martial must adhere to sentencing guidelines, or

"The Court Martial must give fair sentences that follow the rules."

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

64Other offences may be taken into account in passing sentence

A person who is found guilty by the Court Martial of an offence may request the court to take into account any other offence that the person admits to having committed, if the other offence—
is similar to that of which the person has been found guilty; and
is not an offence that is punishable by imprisonment for life.

If a request is made under subsection (1), the court may take the other offence into account in sentencing the accused.
If the court takes the other offence into account, it must not, in passing sentence, impose a punishment of greater severity than the maximum punishment that it may impose for the offence of which the accused was found guilty.
The court may exercise, in respect of any other offence taken into account under this section, any of the powers to order payment of compensation under section 86 of the 1971 Act or the restitution of property under section 87 of that Act.