Armed Forces Discipline Act 1971

Investigation and summary trial of charges - Miscellaneous matters - Referral of charges

117ZG: Documents and information to be provided to accused and Director of Military Prosecutions

You could also call this:

"Getting information and documents when you're accused of something"

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When a charge is sent to the Director of Military Prosecutions, the person in charge must give you some information and documents within 7 days. They must give you the things that the rules say are needed. They must also tell you that you have 7 days to give them any written statements to help your case. The person in charge must send some documents to their superior officer or the Director of Military Prosecutions within a certain time. The superior officer must then send these documents and their opinion on whether the case should go ahead to the Director of Military Prosecutions within 7 days.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2096983.

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Part 5Investigation and summary trial of charges
Miscellaneous matters: Referral of charges

117ZGDocuments and information to be provided to accused and Director of Military Prosecutions

  1. If a charge is to be referred to the Director of Military Prosecutions by a disciplinary officer, the disciplinary officer must, within 7 days of deciding that the charge is to be referred to the Director of Military Prosecutions,—

  2. ensure that the accused is provided with the information or documents that are prescribed by the rules of procedure for the purposes of this subsection; and
    1. inform the accused that he or she has 7 days from the date of being informed in which to provide to the disciplinary officer any signed written statements in his or her defence for referral to the Director of Military Prosecutions.
      1. A disciplinary officer (other than a superior commander) must, within 14 days of deciding that a charge is to be referred to the Director of Military Prosecutions, send to his or her superior commander the documents that are prescribed by the rules of procedure for the purposes of this subsection.

      2. A superior commander who receives documents under subsection (2) must, within 7 days of receiving those documents, send to the Director of Military Prosecutions—

      3. those documents; and
        1. a statement containing the superior commander’s opinion as to whether prosecution of the charge is in the interests of the service.
          1. If the disciplinary officer is a superior commander, he or she must, within 14 days of deciding that the charge is to be referred to the Director of Military Prosecutions, send to the Director of Military Prosecutions—

          2. the documents that are prescribed by the rules of procedure for the purposes of this subsection; and
            1. a statement containing the superior commander’s opinion as to whether prosecution of the charge is in the interests of the service.
              Notes
              • Section 117ZG: inserted, on , by section 37 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).