Armed Forces Discipline Act 1971

Director of Military Prosecutions

101H: Power of Director of Military Prosecutions to stay proceedings

You could also call this:

"The Director can stop a court case against someone and must explain why."

Illustration for Armed Forces Discipline Act 1971

The Director of Military Prosecutions can stop court proceedings against someone. You can ask for this to happen or the Director can decide to do it. The Director must tell the Solicitor-General, the disciplinary officer, and the accused why they stopped the proceedings.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2096080.

This page was last updated on View changes


Previous

101G: Power of Director of Military Prosecutions to direct investigation, or

"The Director of Military Prosecutions can order an investigation into a matter."


Next

101I: Director of Military Prosecutions to perform functions and duties, and exercise powers, independently of ministerial control and of command, or

"The Director of Military Prosecutions works independently, making decisions without being controlled by others."

Part 4ADirector of Military Prosecutions

101HPower of Director of Military Prosecutions to stay proceedings

  1. The Director of Military Prosecutions may, on the application of a disciplinary officer or on his or her own motion, issue an order that the proceedings against an accused under this Act be stayed for the period that he or she thinks fit.

  2. The Director of Military Prosecutions must provide a copy of the order, together with his or her written reasons for the stay, to—

  3. the Solicitor-General; and
    1. the disciplinary officer; and
      1. the accused in question.
        Notes
        • Section 101H: inserted, on , by section 36 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).