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Armed Forces Discipline Act 1971

Summary Appeal Court of New Zealand - Sittings, etc, of courts-martial

128: Effect of appeal on punishments and orders

You could also call this:

"What happens to punishments when you appeal"

Illustration for Armed Forces Discipline Act 1971

If you appeal against a punishment or order, it does not stop straight away. You still have to follow the punishment or order unless the rules of the Summary Appeal Court say it is stopped. The Summary Appeal Court can also direct that the punishment or order is stopped.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2098427.

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Crime and justice > Courts and legal help
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Part 5ASummary Appeal Court of New Zealand
Sittings, etc, of courts-martial

128Effect of appeal on punishments and orders

  1. A punishment, a combination of punishments, or an order appealed against under this Part is not suspended by reason of the appeal unless—

  2. the rules of the Summary Appeal Court specify that the punishment, the combination of punishments, or the order is suspended; or
    1. the Summary Appeal Court directs that the punishment, the combination of punishments, or the order is suspended.

      Notes
      • Section 128: substituted, on , by section 38 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).