Armed Forces Discipline Act 1971

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

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

You could also call this:

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

Illustration for Armed Forces Discipline Act 1971

If you are accused of something, a commanding officer must send your case to the Court Martial for trial. They must also send the charge to the Director of Military Prosecutions if they think they do not have the power to punish you or cannot act as a disciplinary officer. You have the right to choose to be tried by the Court Martial under section 117D. If you choose this, or if you do not make a choice, your case will be sent to the Court Martial. However, if you choose to be tried by the Court Martial, the disciplinary officer must wait 24 hours before sending your case to the Court Martial.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2096752.

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

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


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117G: Procedure following mixed pleas, or

"What happens if you plead guilty to some charges but not others"

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

117FAccused must be remanded for trial in Court Martial and charge must be referred to Director of Military Prosecutions in certain circumstances

  1. A commanding officer, detachment commander, or superior commander must remand the accused for trial in the Court Martial and refer the charge to the Director of Military Prosecutions if—

  2. he or she considers under section 117B that he or she has insufficient powers of punishment or is not empowered to act as a disciplinary officer in relation to the charge; or
    1. the accused is given the right to an election under section 117D and either—
      1. the accused elects trial by the Court Martial and does not withdraw his or her election in the prescribed manner; or
        1. the accused does not make an election when asked to do so by the commanding officer, detachment commander, or superior commander.
        2. However, if the accused is given the right to an election under section 117D and elects trial by the Court Martial, the disciplinary officer must not act under subsection (1) during the 24 hours following the accused’s election.

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