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Armed Forces Discipline Act 1971

Investigation and summary trial of charges - Punishment

117U: Offender to come up for punishment

You could also call this:

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

Illustration for Armed Forces Discipline Act 1971

If you break the law again after being given an order, you might have to face punishment. You could have to go in front of your commanding officer or another disciplinary officer. They will look at what you did and what you have done since the order was made. If you do not follow the order, you might have to face punishment. You could have to go in front of your commanding officer or another disciplinary officer. They will look at what you did and what you have done since the order was made. Your commanding officer can order you to appear in front of them at any time. You will be put in close arrest and taken to see the commanding officer or disciplinary officer. If the commanding officer or disciplinary officer is not happy with what you have done, they will look at your case again. They might give you a punishment for what you did originally. You can read more about this in section 117T and section 10(1)(b), (d), or (e) of the Sentencing Act 2002. This is also subject to section 117X.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2096921.

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Part 5Investigation and summary trial of charges
Punishment

117UOffender to come up for punishment

  1. This section applies if an offender in respect of whom an order is made under section 117T—

  2. is convicted, or found guilty summarily, of a subsequent offence against this Act or any other Act; or
    1. fails to comply with any other order referred to in section 117T(4); or
      1. fails to comply with any agreement, or fails to take any measure or action, of a kind referred to in section 10(1)(b), (d), or (e) of the Sentencing Act 2002 that was brought to the attention of the disciplinary officer at the time the disciplinary officer made the order under section 117T.

        1. An offender’s commanding officer may, at any time within the period specified in the order made under section 117T, order the offender to appear before the commanding officer or another disciplinary officer to be dealt with for the original offence.

        2. After an order is given under subsection (2), the offender must be placed in close arrest and brought before the commanding officer or other disciplinary officer at a time and place directed by the commanding officer or disciplinary officer.

        3. If a person appears before a commanding officer or another disciplinary officer under this section and the commanding officer or disciplinary officer is satisfied of any of the matters specified in subsection (1), the commanding officer or disciplinary officer—

        4. must inquire into the circumstances of the original offence and the conduct of the offender since the order under section 117T was made (including, if appropriate, the circumstances and seriousness of the subsequent offence (if any)); and
          1. may impose a punishment, or a combination of punishments, on the offender for the original offence.

            1. This section is subject to section 117X.

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