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Court Martial Act 2007

Miscellaneous and administrative provisions - Transitional provisions, repeal, and consequential amendments - Transitional provisions

84: What happens if court-martial has not yet been convened on commencement of this Act

You could also call this:

"What happens to your court case if the Court Martial Act 2007 starts before your trial"

Illustration for Court Martial Act 2007

If a court-martial has not started when this Act begins, it applies to you if you had already started proceedings under the 1971 Act. You must have chosen to be tried by court-martial before this Act started and not changed your mind. The court-martial must not have started before this Act began. If this applies to you, your charge will be sent to the Director of Military Prosecutions. You may be remanded for trial in the Court Martial set up by this Act. Your charge will then be dealt with under the 1971 Act (as amended by the Armed Forces Discipline Amendment Act (No 2) 2007) and this Act. Certain sections of the 1971 Act, sections 117ZF to 117ZI, will also apply to you, with necessary changes, to make this work.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1002051.

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Part 3Miscellaneous and administrative provisions
Transitional provisions, repeal, and consequential amendments: Transitional provisions

84What happens if court-martial has not yet been convened on commencement of this Act

  1. This section applies if—

  2. proceedings under the 1971 Act have been commenced before the commencement of this Act and have not been completed before that commencement; and
    1. before that commencement, the accused elects to be tried by court-martial and does not withdraw that election in the prescribed manner or is otherwise remanded for trial by court-martial; but
      1. the court-martial has not been convened before that commencement.

        1. If this section applies,—

        2. the charge must be referred to the Director of Military Prosecutions; and
          1. the accused may be remanded for trial in the Court Martial (as established by this Act); and
            1. the charge must then be dealt with in accordance with the 1971 Act (as amended by the Armed Forces Discipline Amendment Act (No 2) 2007) and this Act; and
              1. sections 117ZF to 117ZI of the 1971 Act (as substituted by the Armed Forces Discipline Amendment Act (No 2) 2007) apply with all necessary modifications for the purpose of giving effect to paragraphs (a) to (c).