Armed Forces Discipline Act 1971

Investigation and summary trial of charges - Preliminary procedures and investigation of charges - Right to elect trial by Court Martial

117L: Disciplinary officer must consider whether accused should be given right to elect trial by Court Martial

You could also call this:

"Disciplinary officer decides if you can choose a Court Martial trial"

Illustration for Armed Forces Discipline Act 1971

You are the accused in a case. A disciplinary officer looks at your case. They decide if you should be able to choose a trial by Court Martial. They consider what punishment you might get if you are found guilty. You might get a punishment, or you might have to pay compensation or restitution. The disciplinary officer thinks about these things when making their decision. They also look at sections 117W and 117ZA. If the disciplinary officer decides you should not be able to choose a trial by Court Martial, they try you summarily under subpart 3.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2096762.

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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"


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117M: Disciplinary officer must inform accused if accused has right to elect trial by Court Martial, or

"Your rights: choosing a trial type if accused of something in the Armed Forces"

Part 5Investigation and summary trial of charges
Preliminary procedures and investigation of charges: Right to elect trial by Court Martial

117LDisciplinary officer must consider whether accused should be given right to elect trial by Court Martial

  1. If the disciplinary officer is a commanding officer, a detachment commander, or a superior commander who considers under section 117K that he or she has sufficient powers of punishment and is empowered to act as a disciplinary officer in relation to the charge, he or she must consider whether the accused should be given the right to elect trial by the Court Martial.

  2. The disciplinary officer must, in making a decision under subsection (1),—

  3. consider the punishment, or combination of punishments, that he or she would be likely to impose if the accused were found guilty; and
    1. consider the orders for compensation or restitution (or both) that he or she would be likely to make if the accused were found guilty; and
      1. have regard to sections 117W and 117ZA.
        1. If the disciplinary officer considers that he or she should not give the accused the right to elect trial by the Court Martial, he or she must try the accused summarily under subpart 3.

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