Armed Forces Discipline Act 1971

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

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

You could also call this:

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

Illustration for Armed Forces Discipline Act 1971

When you are accused of something, a disciplinary officer will look at the evidence. The officer will ask you if you want people to give evidence in person. They will also ask the person making the accusation to explain their case. The disciplinary officer will listen to the evidence and then decide if there is enough evidence to continue with the case. If they do not think there is enough evidence, they will dismiss the charge and tell you. You will have a chance to ask questions to the people giving evidence against you. The disciplinary officer's job is to make sure they understand all the evidence before making a decision. They can ask questions to help them understand the evidence better. After hearing all the evidence, the officer will decide if a prima facie case has been made, which means they will decide if there is enough evidence to say you might be guilty.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2096758.

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117I: Procedure following plea of not guilty, or

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


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117K: Disciplinary officer must consider whether he or she has sufficient powers of punishment and whether he or she can act as disciplinary officer, or

"Disciplinary officers must check if they can handle a case and punish someone fairly"

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

117JDisciplinary officer must determine whether prima facie case is made out after hearing of evidence in support of charge

  1. When the case is ready to proceed, the disciplinary officer—

  2. must ask the accused whether he or she requires oral evidence to be given on oath; and
    1. may ask the presenting officer to outline the case in support of the charge; and
      1. must ask the presenting officer—
        1. to call each witness in support of the charge who is to give evidence orally to give evidence in the presence of the accused; and
          1. to produce, and to read aloud to the accused, any written statement that the disciplinary officer has decided to admit in evidence in support of the charge.
          2. The disciplinary officer—

          3. must give the accused an opportunity to cross-examine each witness who gives evidence orally in support of the charge; and
            1. may allow the presenting officer an opportunity to re-examine each witness who has been cross-examined; and
              1. may put questions to each witness who gives evidence orally in support of the charge that the disciplinary officer considers are necessary to ensure that he or she fully understands the witness’s evidence.
                1. After the disciplinary officer has heard the evidence in support of the charge, he or she must determine whether a prima facie case has been made out.

                2. If the disciplinary officer is not satisfied that a prima facie case has been made out, he or she must dismiss the charge, record the finding, and inform the accused.

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