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Armed Forces Discipline Act 1971

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

117ZH: Reference back of charge by Director of Military Prosecutions

You could also call this:

"The Director of Military Prosecutions can send a charge back to a disciplinary officer to decide what to do next."

Illustration for Armed Forces Discipline Act 1971

You can have a charge sent back to a disciplinary officer by the Director of Military Prosecutions. The Director of Military Prosecutions can do this after thinking about the case. They can send the charge back with a direction to continue or dismiss the charge. If you withdraw your election for trial by the Court Martial, the Director of Military Prosecutions can also send the charge back. They can give a direction to continue or dismiss the charge. The direction can include giving you the right to elect trial by the Court Martial again. The Director of Military Prosecutions must tell you about any action they take. When a charge is sent back, the disciplinary officer must follow the directions. The disciplinary officer can prefer another charge if the Director of Military Prosecutions says so, or if they think it is a good idea. The Director of Military Prosecutions can send a charge back to a disciplinary officer under sections like section 117F(1)(a) or 117K(4). They can also send it back under sections like section 117F(1)(b) or 117N(1). The charge can be sent back with other charges under section 117ZF.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2096984.

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

117ZHReference back of charge by Director of Military Prosecutions

  1. If a charge is referred by a disciplinary officer to the Director of Military Prosecutions under section 117F(1)(a) or 117K(4), the Director of Military Prosecutions may, after giving due consideration to the circumstances of the case, refer the charge (together with all or any other charges referred under section 117ZF) back to the disciplinary officer with a direction that the officer must—

  2. continue to act as a disciplinary officer in relation to the charge or charges; or
    1. dismiss the charge or charges.

      1. If, after a charge is referred by a disciplinary officer to the Director of Military Prosecutions under section 117F(1)(b) or 117N(1), the accused withdraws, in the prescribed manner, his or her election for trial by the Court Martial, the Director of Military Prosecutions may, after giving due consideration to the circumstances of the case, refer the charge (together with all or any other charges referred under section 117ZF) back to the disciplinary officer with a direction that the officer must—

      2. continue to act as a disciplinary officer in relation to the charge or charges; or
        1. dismiss the charge or charges.

          1. A direction under subsection (1) or (2) may include—

          2. a direction to give the accused the right to elect trial by the Court Martial; and
            1. any other procedural directions that the Director of Military Prosecutions thinks fit.

              1. If a charge is referred by a disciplinary officer to the Director of Military Prosecutions under section 117F(1)(b) or 117N(1), the Director of Military Prosecutions may, after giving due consideration to the circumstances of the case, refer the charge (together with all or any other charges referred under section 117ZF) back to the disciplinary officer with a direction that the officer must dismiss the charge or charges.

              2. On reference back of a charge under this section, the disciplinary officer must dispose of the charge in accordance with the directions.

              3. Reference back of a charge to a disciplinary officer under this section is without prejudice to the power of the disciplinary officer to prefer another charge if—

              4. the Director of Military Prosecutions so directs; or
                1. the disciplinary officer thinks fit.

                  1. The Director of Military Prosecutions must inform the accused of any action that is taken in respect of the accused under this section.

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