Armed Forces Discipline Act 1971

Investigation and summary trial of charges - Trying charges summarily

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

You could also call this:

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

Illustration for Armed Forces Discipline Act 1971

You are part of a trial under the Armed Forces Discipline Act 1971. The presenting officer can call a witness after you give your defence. They need the disciplinary officer's permission to do this. You can be called to answer more questions if new information comes up. The disciplinary officer decides if this is necessary for a fair trial. They can let the presenting officer or you ask the witness more questions. The disciplinary officer is in charge of making sure the trial is fair. They can call a witness at any time to help with this. You or the presenting officer can ask the witness questions if the disciplinary officer allows it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2096907.

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

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


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117Q: Disciplinary officer must determine whether accused is guilty or not guilty, or

"The disciplinary officer decides if you are guilty or not guilty."

Part 5Investigation and summary trial of charges
Trying charges summarily

117PPresenting officer and disciplinary officer may call or recall witnesses

  1. If evidence is put forward on behalf of the accused, the presenting officer may, at the conclusion of the evidence on behalf of the accused, with the leave of the disciplinary officer, call or recall any witness to give evidence on any matter raised by, or on behalf of, the accused in his or her defence—

  2. that the presenting officer could not properly have put before the disciplinary officer before the accused’s defence was disclosed; or
    1. that the presenting officer could not reasonably have foreseen.
      1. The disciplinary officer may, at any time before he or she determines whether he or she finds the accused guilty or not guilty on the charge, call or recall any witness if he or she considers that it is in the interests of justice to do so.

      2. If the disciplinary officer calls or recalls a witness under subsection (2), the disciplinary officer may allow the presenting officer, the accused, or both to put questions to the witness that the disciplinary officer may allow as proper.

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