Armed Forces Discipline Act 1971

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

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

You could also call this:

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

Illustration for Armed Forces Discipline Act 1971

If you are accused of something, the disciplinary officer must tell you if you have the right to choose a trial by the Court Martial. They must inform you that you can choose between a trial by the Court Martial or a summary trial by the disciplinary officer. The disciplinary officer must give you time to think about what you want to do and let you talk to a lawyer if possible. The disciplinary officer must give you at least 24 hours to think about it if you want that much time. You can use this time to decide what you want to do. The disciplinary officer has to follow certain rules when telling you about your choices. The rules are in place to help you make a decision about your trial. You have the right to make this choice if the disciplinary officer thinks you should have it. This right is part of the Armed Forces Discipline Act 1971, and the disciplinary officer must follow the rules in section 117L.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2096763.

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

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Crime and justice > Courts and legal help

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

117MDisciplinary officer must inform accused if accused has right to elect trial by Court Martial

If the disciplinary officer considers under section 117L that he or she should give the accused the right to elect trial by the Court Martial, he or she must—
inform the accused that the accused has the right to elect either—
1. trial by the Court Martial; or
2. summary trial by the disciplinary officer; and
adjourn the hearing and give the accused a reasonable period to consider the accused’s election; and
give the accused the opportunity to consult a lawyer in respect of the accused’s election if it is reasonably practicable to do so.

The period of adjournment under subsection (1)(b) must be at least 24 hours if the accused wishes it.

Notes

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