Armed Forces Discipline Act 1971

Investigation and summary trial of charges - Preliminary procedures and investigation of charges - Investigation following plea of not guilty

117I: Procedure following plea of not guilty

You could also call this:

"What happens after you plead not guilty to a charge"

Illustration for Armed Forces Discipline Act 1971

If you plead not guilty to a charge, the disciplinary officer will write your plea down. They will ask you if you have had enough time to get ready to defend yourself. They want to know if you have had enough time and the right things to help you prepare. If the officer thinks you have not had enough time or the right things to prepare, they will stop the proceedings for a while. This is so you can get ready to defend yourself and have a fair chance to prepare. The officer wants to make sure you have enough time and the right things to help you. The disciplinary officer is following rules to make sure you are treated fairly. You can look at the Armed Forces Discipline Amendment Act (No 2) 2007 to learn more about these rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2096757.

This page was last updated on 1 January 2026 — View changes

Topics:

Crime and justice > Courts and legal help

117H: Change or amendment of plea, or

"Changing Your Guilty or Not Guilty Answer"

117J: Disciplinary officer must determine whether prima facie case is made out after hearing of evidence in support of charge, or

"The disciplinary officer checks if there's enough evidence to say you might be guilty."

Part 5Investigation and summary trial of charges
Preliminary procedures and investigation of charges: Investigation following plea of not guilty

117IProcedure following plea of not guilty

If the accused pleads not guilty to the charge, the disciplinary officer must—
enter the plea on the record of proceedings; and
ask the accused if he or she has had adequate time and facilities to prepare a defence.

If the disciplinary officer considers, after acting under subsection (1)(b), that the accused has not had adequate time or facilities (or both) to prepare a defence, the disciplinary officer must adjourn the proceedings to allow the accused—
adequate time to prepare a defence; and
a reasonable opportunity to obtain adequate facilities to prepare a defence.

Notes

Section 117I: inserted, on 1 July 2009, by section 37 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).