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Armed Forces Discipline Act 1971

Investigation and summary trial of charges - Punishment

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

You could also call this:

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

Illustration for Armed Forces Discipline Act 1971

You can be given a punishment by a disciplinary officer. The officer can choose a punishment they think is fair. They must explain why they made this decision. The disciplinary officer can also make you come back for a punishment later, or let you go without a punishment. They must tell you what is happening and why. If you are given a punishment, the officer must write down what it is and tell you. They must also tell you that you have the right to appeal the decision under Part 5A. This means you can ask for the decision to be looked at again. The officer's decision does not affect other rules, like the ones about paying back money under section 117ZA. You will be told about your rights and what is happening to you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2096919.

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Topics:
Crime and justice > Courts and legal help
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117R: Procedures to be followed before imposing punishment, or

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

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117T: Order to come up for punishment if called on, or

"Waiting for a Punishment Decision"

Part 5Investigation and summary trial of charges
Punishment

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

  1. The disciplinary officer may, after acting under section 117R,—

  2. impose on the offender any 1 or more of the punishments that he or she is authorised under this Part to impose and considers just; or
    1. make an order under section 117T; or
      1. discharge the offender without acting under paragraph (a) or (b).

        1. The disciplinary officer must give reasons for his or her action under subsection (1).

        2. Subsection (1) does not limit section 117ZA (which relates to orders for compensation and restitution).

        3. The disciplinary officer must, after acting under subsection (1),—

        4. record the details of any forfeitures incurred by or under this Act, and any cancellation of the whole or any part of those forfeitures, and inform the offender; and
          1. notify the offender of the offender’s right of appeal under Part 5A.

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