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Armed Forces Discipline Act 1971

Arrest and search

101A: Judge Advocate General may grant bail pending trial

You could also call this:

"The Judge Advocate General can let you out on bail while you wait for your trial."

Illustration for Armed Forces Discipline Act 1971

You are in service custody, which means you are being held by the military. The Judge Advocate General gets a report about you under section 101. You are not automatically allowed out on bail. You might get bail if the Judge Advocate General decides to grant it. They can also set conditions for your bail. The Judge Advocate General looks at things like how serious the alleged offence is. They consider if there are special circumstances that mean you should get bail. They think about how letting you out on bail would affect discipline in the military. They must also consider any views from a victim, if those views are given in a certain way. The Judge Advocate General can look at other things when deciding about bail, like what section 8(2) of the Bail Act 2000 says. They only grant bail if they think it is fair in your case. They must be satisfied it is the right thing to do.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2096054.

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Crime and justice > Courts and legal help
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101B: Issue of warrant to arrest person absconding or breaching bail condition, or

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Part 4Arrest and search

101AJudge Advocate General may grant bail pending trial

  1. This section applies to a person in service custody in relation to whom the Judge Advocate General has received a report under section 101.

  2. The person in service custody is not entitled to bail as of right.

  3. The Judge Advocate General may—

  4. grant bail to the person in service custody:
    1. impose any conditions of bail that the Judge Advocate General thinks fit.

      1. In determining whether to grant bail under this section, the Judge Advocate General—

      2. must take into account the considerations set out in section 8(1) of the Bail Act 2000 and all of the following considerations:
        1. the seriousness of the alleged offence:
          1. whether there are urgent and exceptional circumstances that favour the grant of bail:
            1. the effect on service discipline of remanding the person on bail; and
            2. must take into account any views of a victim to which Part 10A applies that are conveyed in accordance with section 198D; and
              1. may take into account the considerations set out in section 8(2) of the Bail Act 2000; and
                1. must not grant bail unless satisfied on the balance of probabilities that it would be in the interests of justice in the particular case to do so.

                  Notes
                  • Section 101A: inserted, on , by section 35 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
                  • Section 101A(4)(a): amended, on , by section 6(1) of the Military Justice Legislation Amendment Act 2018 (2018 No 36).
                  • Section 101A(4)(a): amended, on , by section 4 of the Armed Forces Discipline Amendment Act 2013 (2013 No 108).
                  • Section 101(4)(aa): inserted, on , by section 6(2) of the Military Justice Legislation Amendment Act 2018 (2018 No 36).