Armed Forces Discipline Act 1971

Investigation and summary trial of charges - Trying charges summarily

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

You could also call this:

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

Illustration for Armed Forces Discipline Act 1971

You are part of a process under the Armed Forces Discipline Act 1971. A disciplinary officer looks at all the evidence given under subpart 2 and this subpart. They then decide if you are guilty or not guilty of the charge. The disciplinary officer must do a few things. They determine if you are guilty or not guilty on the charge. They record their finding and inform you. This process is part of the investigation and summary trial of charges. The disciplinary officer follows the rules to make a fair decision. They use the evidence from subpart 2 and this subpart to decide 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=DLM2096908.

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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."


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117R: Procedures to be followed before imposing punishment, or

"What happens before you get punished if you're found guilty"

Part 5Investigation and summary trial of charges
Trying charges summarily

117QDisciplinary officer must determine whether accused is guilty or not guilty

  1. After the disciplinary officer has received all the evidence under subpart 2 and this subpart, he or she must—

  2. determine whether the accused is guilty or not guilty on the charge; and
    1. record the finding; and
      1. inform the accused.
        Notes
        • Section 117Q: inserted, on , by section 37 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).