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Armed Forces Discipline Act 1971

Summary Appeal Court of New Zealand - Special reference by Judge Advocate General

130: Person found guilty must be informed of reference and may comment

You could also call this:

"What happens if you're found guilty and how you can respond"

Illustration for Armed Forces Discipline Act 1971

If you are found guilty of an offence, the Registrar will send you a copy of the reference from the Judge Advocate General. You will also get a notice that asks for your views on the finding of guilty and the punishment. You can tell the Registrar if you want to be legally represented at a hearing. The notice will also tell you what will happen if you do not respond within 21 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=DLM2098430.

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Part 5ASummary Appeal Court of New Zealand
Special reference by Judge Advocate General

130Person found guilty must be informed of reference and may comment

  1. The Registrar must, as soon as practicable after receiving a reference from the Judge Advocate General, send to the person found guilty of the offence—

  2. a copy of the reference; and
    1. a notice, in the prescribed form, that—
      1. asks for the person’s written views on the finding of guilty, the punishment, the combination of punishments, or the order concerned to be sent to the Registrar within the prescribed period; and
        1. asks for the person’s written advice as to whether he or she wants to be legally represented at an oral hearing of the matter to be sent to the Registrar within the prescribed period; and
          1. advises him or her of the effect of subsection (2).

          2. The Summary Appeal Court may deal with a reference from the Judge Advocate General by way of a hearing on the papers if the person who is sent a notice under subsection (1)—

          3. indicates that he or she does not want to be legally represented at an oral hearing of the matter; or
            1. otherwise indicates that he or she does not require an oral hearing of the matter; or
              1. does not provide written advice under subsection (1)(b)(ii) within the prescribed period.

                1. In this section, prescribed period means a period of 21 days commencing on the day after the day that the notice under subsection (1)(b) is sent to the person found guilty of the offence.

                Notes
                • Section 130: substituted, on , by section 38 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).