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Armed Forces Discipline Act 1971

Investigation and summary trial of charges - Preliminary procedures and investigation of charges - Other matters relating to pleas

117G: Procedure following mixed pleas

You could also call this:

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

Illustration for Armed Forces Discipline Act 1971

You are facing more than one charge and you plead guilty to some but not all of them. The disciplinary officer must follow certain rules for the charges you plead guilty to. They must wait until a decision is made on the other charges before punishing you for the ones you pleaded guilty to. You pleaded not guilty to some charges, so they must be dealt with according to the law. The disciplinary officer has to follow the rules and the law when dealing with your case. They also have to consider other sections of the law, such as section 117ZF, when making decisions about your case. The disciplinary officer cannot record a guilty finding for a charge if they are going to refer it to the Director of Military Prosecutions under section 117ZF. They have to follow the rules of procedure and the law when dealing with your case. This means they have to do things in a certain way to make sure everything is fair and follows the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2096754.

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Topics:
Crime and justice > Courts and legal help
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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."

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117H: Change or amendment of plea, or

"Changing Your Guilty or Not Guilty Answer"

Part 5Investigation and summary trial of charges
Preliminary procedures and investigation of charges: Other matters relating to pleas

117GProcedure following mixed pleas

  1. This section applies if—

  2. there is more than 1 charge against the accused contained in the same charge report; and
    1. the accused pleads guilty to 1 or more but not all of the charges.

      1. The disciplinary officer—

      2. must proceed under sections 117 to 117F in respect of each charge to which the accused pleads guilty; but
        1. must not proceed to punish the accused under subpart 4 in respect of those charges until a finding under this Part is recorded for the other charges against the accused contained in the same charge report.

          1. However, if the disciplinary officer is to refer a charge to the Director of Military Prosecutions under section 117ZF, the disciplinary officer must not record a finding of guilty on the charge under sections 117 to 117F.

          2. Each charge to which the accused has pleaded not guilty must be proceeded with in accordance with this Act.

          3. This section is subject to section 117ZF and the rules of procedure.

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