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Armed Forces Discipline Act 1971

Miscellaneous provisions - Courts of inquiry

200S: Admissibility of record of proceedings, etc

You could also call this:

"What can be used as evidence from a court of inquiry in the Armed Forces"

Illustration for Armed Forces Discipline Act 1971

You cannot use what happens in a court of inquiry as evidence against someone in another case. If someone in the Armed Forces is charged with desertion or being absent without leave, the court's decision can be used as evidence. You can use what someone says in a court of inquiry as evidence against them if they are charged with making a false statement under section 71 or with perjury under section 109 of the Crimes Act 1961.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2105141.

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Crime and justice > Courts and legal helpCrime and justice > Criminal law
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Part 11Miscellaneous provisions
Courts of inquiry

200SAdmissibility of record of proceedings, etc

  1. The record of proceedings and any evidence in respect of the proceedings, including any confession, statement, or answer to a question made or given by a person during the proceedings, must not be admitted in evidence against any person in any other proceedings, judicial or otherwise.

  2. If a member of the Armed Forces is charged under section 47 with desertion, or under section 48 with being absent without leave, the record of the declaration of the court under section 201 relating to the member of the Armed Forces is prima facie evidence of the matters stated in it.

  3. The record of proceedings and any evidence in respect of the proceedings, including any confession, statement, or answer to a question made or given by a person during the proceedings, may be given in evidence against that person if he or she is charged—

  4. under section 71 with making a false statement; or
    1. under section 109 of the Crimes Act 1961 with perjury.

      1. Subsection (1) is subject to subsections (2) and (3).

      Notes
      • Section 200S: inserted, on , by section 68 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).