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Armed Forces Discipline Act 1971

Investigation and summary trial of charges - Punishment - Summary punishments

117V: Types and maximum amounts of summary punishments

You could also call this:

"Types of Punishments and Their Limits"

Illustration for Armed Forces Discipline Act 1971

You can get different types of punishments if you are tried summarily under this Part. These punishments are listed in Schedule 3. The maximum amount of punishment you can get depends on your rank and who is dealing with you. You can get a maximum amount of punishment from a commanding officer or detachment commander, which is specified in Schedule 4. A subordinate commander can also give you a maximum amount of punishment, which is listed in Schedule 4. A superior commander can give you a maximum amount of punishment, which is specified in Schedule 5. If you are found guilty of one or more offences, a disciplinary officer can impose more than one punishment on you if they think it is fair. The disciplinary officer can also choose not to punish you or can tell you to wait to see if you need to be punished later.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2096923.

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Part 5Investigation and summary trial of charges
Punishment: Summary punishments

117VTypes and maximum amounts of summary punishments

  1. The punishments that may be imposed on an offender tried summarily, or otherwise dealt with, under this Part are those specified in Schedule 3.

  2. The maximum amount of any one punishment that may be imposed on an offender in relation to a charge tried summarily, or otherwise dealt with, under this Part by—

  3. a commanding officer or a detachment commander is that specified in Schedule 4 in relation to the rank of the offender as specified in that schedule:
    1. a subordinate commander is that specified in column 3 of Schedule 4 in relation to the rank of the offender as specified in that schedule:
      1. a superior commander is that specified in Schedule 5.

        1. A disciplinary officer who finds a person guilty of 1 or more offences may, if he or she thinks it is just to do so, impose on that person more than 1 of the punishments authorised by this Part.

        2. Subsection (3) does not limit the power of a disciplinary officer to discharge an offender without imposing a punishment on him or her or to order that person to appear for punishment if called on to do so.

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