Armed Forces Discipline Act 1971

Investigation and summary trial of charges - Trying charges summarily

117O: Disciplinary officer must advise accused and hear evidence on behalf of accused

You could also call this:

"The disciplinary officer helps you and listens to your side of the story."

Illustration for Armed Forces Discipline Act 1971

You are going to a summary trial. The disciplinary officer will tell you what will happen. They will explain the steps in the trial. The officer will ask you to tell them about your case. The disciplinary officer will ask if you want to give evidence. You can give evidence yourself or call a witness. If you give evidence, the other side can ask you questions. The disciplinary officer will read any written statements they allow. They can ask witnesses questions to understand their evidence. You can ask questions again after the other side has asked questions.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2096906.

This page was last updated on View changes


Previous

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

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


Next

117P: Presenting officer and disciplinary officer may call or recall witnesses, or

"People in charge can call witnesses to answer more questions to help make the trial fair."

Part 5Investigation and summary trial of charges
Trying charges summarily

117ODisciplinary officer must advise accused and hear evidence on behalf of accused

  1. If the disciplinary officer is to try the accused summarily, the disciplinary officer must, in accordance with the rules of procedure, briefly advise the accused of the procedure to be followed in the summary trial.

  2. After advising the accused under subsection (1), the disciplinary officer must ask the accused—

  3. to outline the case on behalf of the accused; and
    1. to tell the disciplinary officer whether or not the accused wishes to put forward evidence in reply and, if so, what form the evidence will take; and
      1. to give evidence orally if he or she wishes to give evidence orally; and
        1. to call each witness on behalf of the accused who is to give evidence orally (following the accused if he or she wishes to give evidence) to give his or her evidence in the presence of the accused.
          1. The disciplinary officer must, after complying with subsection (2), read aloud any written statement that the disciplinary officer has decided to admit in evidence on behalf of the accused.

          2. If evidence is put forward on behalf of the accused, the disciplinary officer—

          3. may allow the presenting officer to cross-examine each witness who gives evidence orally; and
            1. if the presenting officer cross-examines a witness, must allow the accused an opportunity to re-examine the witness.
              1. The disciplinary officer may put questions to each witness that the disciplinary officer considers necessary to ensure that he or she fully understands the witness’s evidence.

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