Armed Forces Discipline Act 1971

Investigation and summary trial of charges - Punishment

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

You could also call this:

"Waiting for a Punishment Decision"

Illustration for Armed Forces Discipline Act 1971

You can be ordered to come up for punishment if called on. The disciplinary officer can give you this order instead of a punishment. They can order you to appear for punishment within one year of being found guilty. You will know when you have to appear because the disciplinary officer will tell you. They will also write down their findings and attach them to your record. The disciplinary officer can also make other orders, like those under section 117ZA, at the same time. The disciplinary officer has to follow some rules when giving you this order. They have to write down what they found out about your case. This helps keep track of what happened.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2096920.

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


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117U: Offender to come up for punishment, or

"What happens if you break the rules again after being warned"

Part 5Investigation and summary trial of charges
Punishment

117TOrder to come up for punishment if called on

  1. The disciplinary officer may, instead of imposing a punishment on an offender, order the offender to appear for punishment if called on to do so within the period specified in subsection (2).

  2. The period referred to in subsection (1) is a period not exceeding 1 year, commencing with the date on which the finding of guilty is recorded, that the disciplinary officer may specify in the order.

  3. If the disciplinary officer makes an order under subsection (1), he or she must record and attach to the record of proceedings a statement of his or her findings of fact in relation to the charge.

  4. The disciplinary officer may make orders under section 117ZA in combination with an order under subsection (1).

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