Armed Forces Discipline Act 1971

Investigation and summary trial of charges - Punishment - Summary punishments

117W: Certain punishments must not be imposed unless offender was given right to elect trial by Court Martial

You could also call this:

"Some punishments can't be given unless the person had a choice to go to a Court Martial."

Illustration for Armed Forces Discipline Act 1971

If you are a commanding officer, detachment commander, or superior commander, you must follow certain rules. You can only give certain punishments if the offender had the chance to choose a trial by Court Martial under section 117D or 117M. You can impose punishments that you think are fair, as long as they are allowed by Schedule 4 or Schedule 5.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2096924.

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

117WCertain punishments must not be imposed unless offender was given right to elect trial by Court Martial

  1. This section applies if the disciplinary officer is a commanding officer, a detachment commander, or a superior commander.

  2. If the offender was given the right to elect trial by the Court Martial under section 117D or 117M, the disciplinary officer may,—

  3. in the case of a commanding officer or a detachment commander, impose on the offender, to the extent authorised by column 2 of Schedule 4, any punishment or punishments that the commanding officer or detachment commander considers just:
    1. in the case of a superior commander, impose on the offender, to the extent authorised by column 2 of Schedule 5, any punishment or punishments that the superior commander considers just.
      1. If the offender was not given the right to elect trial by the Court Martial under section 117D or 117M, the disciplinary officer may,—

      2. in the case of a commanding officer or a detachment commander, impose on the offender, to the extent authorised by column 3 of Schedule 4, any punishment or punishments that the commanding officer or detachment commander considers just:
        1. in the case of a superior commander, impose on the offender, to the extent authorised by column 3 of Schedule 5, any punishment or punishments that the superior commander considers just.
          Notes
          • Section 117W: inserted, on , by section 37 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).