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Court Martial Act 2007

Jurisdiction, procedures, and powers - Findings of Court Martial - Announcement of finding and sentence

66: Announcement of finding and sentence

You could also call this:

"The Judge says what the court decided and what the punishment is"

Illustration for Court Martial Act 2007

When you are in a Court Martial, the Judge must tell everyone in the court what the court has decided about each charge. The Judge must also say what sentence the court has given. You will hear the reasons why the court chose that sentence. If the court decides someone must leave the service or go to prison and then leave the service, the Judge must explain when this will happen. The Judge will say that the person cannot leave the service until any appeals are finished. This means the person can appeal to the Court Martial Appeal Court, the Court of Appeal, or the Supreme Court. The Judge must follow the rules and tell you when the sentence will start. This is so you know what is happening and when.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1002018.

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Topics:
Crime and justice > Courts and legal help
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Part 2Jurisdiction, procedures, and powers
Findings of Court Martial: Announcement of finding and sentence

66Announcement of finding and sentence

  1. The Judge must announce in open court—

  2. the finding of the Court Martial on each charge tried by the court; and
    1. any sentence passed by the court.

      1. The Judge must give reasons for the sentence (if any) passed by the court.

      2. Subsection (4) applies if the Court Martial sentences a person—

      3. to be dismissed from His Majesty's service; or
        1. to a term of imprisonment involving dismissal from His Majesty's service.

          1. In delivering a sentence, the Judge must state that the dismissal does not take effect—

          2. until the expiration of the period for lodging an appeal to the Court Martial Appeal Court against the conviction or sentence; or
            1. if an appeal to that court, the Court of Appeal, or the Supreme Court is pending, until the appeal is determined.

              Notes
              • Section 66(3)(a): editorial change made by the PCO, on , under sections 86(1) and 87(d) of the Legislation Act 2019 (2019 No 58).
              • Section 66(3)(b): editorial change made by the PCO, on , under sections 86(1) and 87(d) of the Legislation Act 2019 (2019 No 58).