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Armed Forces Discipline Act 1971

Investigation and summary trial of charges - Preliminary procedures and investigation of charges - Plea of guilty

117B: Commanding officer, detachment commander, or superior commander who receives guilty plea or receives referral must consider certain matters

You could also call this:

"What a commanding officer must think about when someone pleads guilty or a charge is referred to them"

Illustration for Armed Forces Discipline Act 1971

You are a commanding officer, detachment commander, or superior commander. You get a guilty plea or a charge is referred to you under section 117 or section 117A. The presenting officer tells you the facts about the charge. You can hear some or all of the evidence if you think it is fair. You must think about if you have the power to punish the person. You must also think about if you can make decisions about the charge. You consider these things to make a decision. The presenting officer gives you the information you need. You use this information to decide what 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=DLM2096748.

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117A: Subordinate commander may punish accused or refer charge to commanding officer or detachment commander, or

"A subordinate commander can punish someone or send the charge to a higher officer."

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117C: Consideration of whether accused who pleads guilty should be given right to elect trial by Court Martial, or

"Should you get to choose a Court Martial trial if you plead guilty?"

Part 5Investigation and summary trial of charges
Preliminary procedures and investigation of charges: Plea of guilty

117BCommanding officer, detachment commander, or superior commander who receives guilty plea or receives referral must consider certain matters

  1. This section applies if—

  2. the disciplinary officer is a commanding officer, a detachment commander, or a superior commander, and he or she enters a guilty plea on the record of proceedings under section 117; or
    1. a charge has been referred to a commanding officer or a detachment commander under section 117A.

      1. The presenting officer must inform the commanding officer, detachment commander, or superior commander of the facts that are relevant to the charge.

      2. The commanding officer, detachment commander, or superior commander may hear all or any of the evidence relating to the charge if he or she considers that it is in the interests of justice or discipline to do so.

      3. The commanding officer, detachment commander, or superior commander must consider whether, in his or her opinion,—

      4. he or she has sufficient powers of punishment in relation to the charge; and
        1. he or she is empowered to act as a disciplinary officer in relation to the charge.

          Notes
          • Section 117B: inserted, on , by section 37 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).