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Armed Forces Discipline Act 1971

Jurisdiction

17: Certain persons sentenced under this Act to remain subject to this Act

You could also call this:

"People in the Armed Forces who get sentenced still follow this law"

Illustration for Armed Forces Discipline Act 1971

If you are a member of the Armed Forces and you are sentenced to imprisonment or detention, you will still be subject to this Act. You will remain subject to this Act until you have served your sentence or have been released from imprisonment or detention in due course of law. This also applies if you are sentenced to another term of imprisonment or detention under section 178. If you are not a member of the Armed Forces but are subject to this Act, and you are sentenced to imprisonment by the Court Martial, you will also remain subject to this Act. You will stay subject to this Act until you have served your sentence or are released from imprisonment in due course of law. This applies if you serve your sentence in a service penal establishment.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM402355.

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Part 1Jurisdiction

17Certain persons sentenced under this Act to remain subject to this Act

  1. Where a member of the Armed Forces—

  2. is sentenced to a term of imprisonment or detention by the Court Martial or to a term of detention by a disciplinary officer; and
    1. is by virtue of that sentence deemed to be dismissed from His Majesty’s Service or is sentenced to dismissal from His Majesty’s Service or is discharged from the service of the Armed Forces to which he belongs—
        1. he shall remain subject to this Act until he has served the sentence of imprisonment or detention or any further sentence of imprisonment or detention imposed in accordance with subsection (1) or subsection (4) of section 178 or has been released from that imprisonment or detention in due course of law.

      1. Where a person (other than a member of the Armed Forces) who is subject to this Act is sentenced by the Court Martial to a term of imprisonment and serves his sentence in a service penal establishment, he shall remain subject to this Act until he has served the sentence or is released from that imprisonment in due course of law.

      Notes
      • Section 17(1): amended, on , by section 105(1) of the Defence Act 1990 (1990 No 28).
      • Section 17(1): amended, on , by section 8 of the Armed Forces Discipline Amendment Act 1985 (1985 No 199).
      • Section 17(1)(a): substituted, on , by section 10(1) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
      • Section 17(1)(b): editorial change made by the PCO, on , under sections 86(1) and 87(d) of the Legislation Act 2019 (2019 No 58).
      • Section 17(2): amended, on , by section 10(2) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
      • Section 17(2): amended, on , by section 105(1) of the Defence Act 1990 (1990 No 28).