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Armed Forces Discipline Act 1971

Investigation and summary trial of charges - Miscellaneous matters - Rights under New Zealand Bill of Rights Act 1990

117ZC: Implications of election must be explained to accused

You could also call this:

"The officer must explain what your choice means before you decide."

Illustration for Armed Forces Discipline Act 1971

When you appear before a disciplinary officer to make a choice under section 117D or 117M, the officer must explain what this choice means. The officer must make sure you understand what you are choosing by having your defending officer or another qualified officer explain it to you. You must also write down your choice in a special form. The officer must tell you about all the important things related to your choice, including any special rules. You must read your choice before you sign it, and the officer must make sure you have done this. The officer has to make sure you know what you are doing when you make your choice.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2096977.

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Part 5Investigation and summary trial of charges
Miscellaneous matters: Rights under New Zealand Bill of Rights Act 1990

117ZCImplications of election must be explained to accused

  1. When the accused appears before the disciplinary officer to indicate his or her election under section 117D or 117M, the disciplinary officer must, before the election is made, take reasonable steps to ensure that the implications of the election have been fully explained to the accused by—

  2. his or her defending officer; or
    1. an officer or a non-commissioned officer who holds a certificate of competency as a defending officer.

      1. The implications referred to in subsection (1) must include any matters prescribed by the rules of procedure.

      2. The accused’s election under section 117D or 117M must be recorded in writing in the prescribed form.

      3. The disciplinary officer must take reasonable steps to ensure that the accused has read the election before the accused signs it.

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