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Armed Forces Discipline Act 1971

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

117N: Disciplinary officer must remand accused for trial in Court Martial or try charge summarily

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"What happens when you're accused of doing something wrong in the Armed Forces"

Illustration for Armed Forces Discipline Act 1971

You are accused of doing something wrong in the Armed Forces. The disciplinary officer must send your case to the Court Martial if you choose to be tried by the Court Martial and do not change your mind, or if you do not make a choice. The disciplinary officer must follow the rules in section 117M. You have 24 hours to think about your choice after you elect to be tried by the Court Martial. During this time, the disciplinary officer cannot send your case to the Court Martial. The disciplinary officer will follow the rules in section 117M and subpart 3. If you choose to be tried by the disciplinary officer, they will try your case. This also happens if you choose to be tried by the Court Martial, but then change your mind in the correct way. The disciplinary officer will follow the rules in section 117M and try your case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2096764.

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

117NDisciplinary officer must remand accused for trial in Court Martial or try charge summarily

  1. The disciplinary officer must remand the accused for trial in the Court Martial and refer the charge to the Director of Military Prosecutions if, after having been given the right to an election under section 117M,—

  2. the accused elects trial by the Court Martial and does not withdraw his or her election in the prescribed manner; or
    1. the accused does not make an election when asked to do so by the disciplinary officer.

      1. However, if the accused is given the right to an election under section 117M and elects trial by the Court Martial, the disciplinary officer must not act under subsection (1) during the 24 hours following the accused’s election.

      2. The disciplinary officer must try the accused summarily under subpart 3 if, after having been given the right to an election under section 117M, the accused elects—

      3. summary trial by the disciplinary officer; or
        1. trial by the Court Martial, but withdraws his or her election in the prescribed manner.

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