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Armed Forces Discipline Act 1971

Jurisdiction

18: Trial and punishment of person who has ceased to be subject to this Act

You could also call this:

"What happens if you commit an offence while in the Armed Forces and then leave"

Illustration for Armed Forces Discipline Act 1971

If you used to be in the Armed Forces, you can still be charged with an offence you committed while you were in the Forces. You can be tried by the Court Martial, but you must follow the rules in section 20. When you are charged, you are treated as if you are still in the Forces until the charge is dealt with. You keep the same status and rank you had before you left the Forces.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM402358.

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

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

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19: Status and rank of person deemed to be subject to this Act when imprisoned or detained, or

"Rules for Armed Forces members in prison or detention"

Part 1Jurisdiction

18Trial and punishment of person who has ceased to be subject to this Act

  1. Where it is alleged that a person who has ceased to be subject to this Act has committed an offence while he was so subject, he may, subject to section 20, be charged under this Act with the commission of that offence, and the charge may be tried by the Court Martial.

  2. On the recording of the allegation in the form of a charge, the person charged shall be deemed—

  3. to be a person subject to this Act until the charge is disposed of; and
    1. to hold the same status and rank as he held immediately before he ceased to be a person subject to this Act.

      1. Where, by virtue of this section, a person is to be deemed to be subject to this Act—

      2. he is not liable to arrest under this Act except under a warrant; and
        1. for the purposes of investigation and trial of the charge and his punishment, if convicted, every reference in this Act or in the rules of procedure or in regulations made under this Act, or in orders issued by the Chief of Defence Force, to his commanding officer shall be read as a reference to the officer who, in accordance with any such orders, is deemed to be his commanding officer for those purposes.

          1. Where a person to whom this section applies is convicted by the Court Martial of an offence and sentenced to a term of imprisonment or detention, he shall be deemed to be subject to this Act until he has served his sentence or is lawfully released in due course of law from imprisonment or detention, as the case may be.

          Notes
          • Section 18(1): amended, on , by section 11 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
          • Section 18(3)(b): amended, on , by section 105(1) of the Defence Act 1990 (1990 No 28).
          • Section 18(4): amended, on , by section 11 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).