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Armed Forces Discipline Act 1971

Investigation and summary trial of charges - Punishment - Summary punishments

117Y: Provisions relating to punishment of detention

You could also call this:

"Rules for Punishing Armed Forces Members with Detention"

Illustration for Armed Forces Discipline Act 1971

When a disciplinary officer decides how long you will be detained, they cannot consider any time you have already spent in custody. They must note this time on your committal order. If you were held in custody for a reason unrelated to the charge, this rule does not apply. A disciplinary officer cannot give detention as a punishment to an officer. If you are a member of the Armed Forces and you were under 18 years old when you committed the offence, a disciplinary officer needs a superior commander's approval to give you detention. The term custody refers to being detained in a civil custody or under close arrest. It does not include being under open arrest.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2096926.

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117X: Punishment must be imposed for all offences of which person is found guilty, or

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

117YProvisions relating to punishment of detention

  1. In determining the period of any detention to be imposed, a disciplinary officer must not take into account any period during which the offender has been held in custody but must specify any such period on the committal order.

  2. Subsection (1) does not apply in respect of any time spent in custody that is unrelated to any charge before the disciplinary officer.

  3. A disciplinary officer must not impose the punishment of detention on an officer (including a midshipman or an officer cadet).

  4. A disciplinary officer must not, except with the prior approval of a superior commander, impose the punishment of detention on a member of the Armed Forces who had, at the time that the offence was committed, attained the age of 17 years but was, at that time, under the age of 18 years.

  5. In this section, custody—

  6. means detention in civil custody or under close arrest; but
    1. does not include open arrest.

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