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Armed Forces Discipline Act 1971

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

117E: Accused who pleads guilty must be punished in certain circumstances

You could also call this:

"What happens if you plead guilty to a charge in the Armed Forces"

Illustration for Armed Forces Discipline Act 1971

If you plead guilty to a charge, a commanding officer or someone in charge might decide you should not have a trial by the Court Martial, as stated in section 117C. You might be given the choice to have the commanding officer deal with your case, or to have a trial by the Court Martial, as outlined in section 117D. The commanding officer must then find you guilty, tell you about it, and follow the rules in subpart 4. If you choose to have a trial by the Court Martial but then change your mind, the commanding officer will find you guilty and follow the rules in subpart 4. The commanding officer must record that you are guilty and inform you of this decision. This process is also subject to sections 117G and 117H. The rules for this process can be found in the Armed Forces Discipline Act 1971. The commanding officer's decision is important in determining what happens next in your case. The rules in subpart 4 will be used to decide your punishment.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2096751.

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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."

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117F: Accused must be remanded for trial in Court Martial and charge must be referred to Director of Military Prosecutions in certain circumstances, or

"Accused people's cases must go to Court Martial for a trial in certain situations."

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

117EAccused who pleads guilty must be punished in certain circumstances

  1. This section applies if—

  2. a commanding officer, detachment commander, or superior commander considers, under section 117C, that an accused who has pleaded guilty should not be given the right to elect trial by the Court Martial; or
    1. an accused is given the right to an election under section 117D and elects—
      1. for the commanding officer, detachment commander, or superior commander to proceed under subpart 4; or
        1. trial by the Court Martial, but withdraws his or her election in the prescribed manner.

        2. The commanding officer, detachment commander, or superior commander must—

        3. record a finding of guilty on the charge; and
          1. inform the accused of that finding; and
            1. proceed under subpart 4.

              1. This section is subject to sections 117G and 117H.

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