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Armed Forces Discipline Act 1971

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

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

You could also call this:

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

Illustration for Armed Forces Discipline Act 1971

If you plead guilty to a charge, the commanding officer must think about whether you should have the right to choose a trial by Court Martial. They must consider what punishment they would give you if they handled the case themselves, under subpart 4. They also need to think about any orders for compensation or restitution they would make, and consider sections 117W and 117ZA.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2096749.

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

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

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117D: Accused who pleads guilty must be informed if he or she has right to elect trial by Court Martial, or

"If you plead guilty, you get to choose how your case is heard."

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

117CConsideration of whether accused who pleads guilty should be given right to elect trial by Court Martial

  1. If the commanding officer, detachment commander, or superior commander considers under section 117B that he or she has sufficient powers of punishment and is empowered to act as a disciplinary officer in relation to the charge, he or she must consider whether the accused should be given the right to elect trial by the Court Martial.

  2. The commanding officer, detachment commander, or superior commander must, in making a decision under subsection (1),—

  3. consider the punishment, or combination of punishments, that he or she would be likely to impose if he or she were to act under subpart 4; and
    1. consider the orders for compensation or restitution (or both) that he or she would be likely to make if he or she were to act under subpart 4; and
      1. have regard to sections 117W and 117ZA.

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