Armed Forces Discipline Act 1971

Investigation and summary trial of charges - Punishment

117R: Procedures to be followed before imposing punishment

You could also call this:

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

Illustration for Armed Forces Discipline Act 1971

If you are found guilty of a charge, the disciplinary officer must do some things before punishing you. They must look at your conduct sheets and give you a chance to explain yourself. They must also read a statement from the victim if they want to. The disciplinary officer can ask for a report on your record and conduct in the service. They can also ask for details about any time you spent in custody waiting for trial. They might ask for information about your circumstances that could affect your punishment. The disciplinary officer needs a special certificate if they want to punish you with detention, reduction in rank, or a big fine. A big fine is one that is more than what you get paid in 7 days. The disciplinary officer must follow these steps to make sure everything is fair. You can find out what a victim is by looking at the Victims’ Rights Act 2002.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2096917.

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


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117S: Disciplinary officer may impose punishment, order offender to appear for punishment if called on, or discharge offender, or

"A disciplinary officer can give you a punishment, make you come back later, or let you go."

Part 5Investigation and summary trial of charges
Punishment

117RProcedures to be followed before imposing punishment

  1. If the disciplinary officer records a finding of guilty on the charge, he or she must, before imposing a punishment,—

  2. examine the offender’s conduct sheets; and
    1. if a victim of the offence so wishes, read aloud a written statement from the victim setting out—
      1. any physical injury or emotional harm suffered by the victim through, or by means of, the offence; and
        1. any loss of, or damage to, property suffered by the victim through, or by means of, the offence; and
          1. any other effects of the offence on the victim; and
          2. give the offender a reasonable opportunity to make an explanation or plea in mitigation of punishment; and
            1. if the offender so wishes, give any witness on behalf of the offender a reasonable opportunity to give evidence in support of the explanation or plea in mitigation of punishment.
              1. If the disciplinary officer records a finding of guilty on the charge, he or she may, before imposing a punishment, obtain from the presenting officer—

              2. a report on the offender’s record and general conduct in the service; and
                1. details of any period during which the offender was held in custody awaiting trial; and
                  1. details of any information in the possession of the service authorities relating to the offender’s circumstances that may be relevant in considering punishment.
                    1. The disciplinary officer must ensure that he or she has received a specified certificate if he or she intends to impose a punishment consisting of or including 1 or more of the following:

                    2. detention:
                      1. reduction in rank:
                        1. a fine of an amount that exceeds the offender's basic pay for a period of 7 days.
                          1. In this section, victim has the same meaning as in section 4 of the Victims’ Rights Act 2002.

                          Notes
                          • Section 117R: inserted, on , by section 37 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
                          • Section 117R(3)(c): amended, on , by section 7 of the Armed Forces Discipline Amendment Act 2010 (2010 No 48).