Armed Forces Discipline Act 1971

Jurisdiction of Court Martial and punishment of offenders

80: Discretion of Court Martial as to punishment

You could also call this:

"The Court Martial decides your punishment if you are found guilty."

Illustration for Armed Forces Discipline Act 1971

If you are found guilty by the Court Martial, they can decide your punishment. You might get a shorter prison sentence, or a less severe punishment, as listed in the Schedule 2. The Court Martial decides this. If you are an officer, the Court Martial cannot sentence you to detention. The Court Martial has some choices when deciding your punishment. You could get a prison sentence or a less severe punishment.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM402797.

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"One sentence for all offences in a Court Martial"


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Part 3Jurisdiction of Court Martial and punishment of offenders

80Discretion of Court Martial as to punishment

  1. Where under this Act a person is liable on conviction by the Court Martial to imprisonment for life or for any other term of imprisonment, the Court may sentence him to imprisonment for any shorter term, being, in the case of a person liable to imprisonment for life, a term not exceeding 14 years, or to 1 or more of the less severe punishments specified in Schedule 2.

  2. Repealed
  3. No officer may be sentenced by the Court Martial to detention.

Notes
  • Section 80 heading: amended, on , by section 24(1) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
  • Section 80(1): amended, on , by section 24(2) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
  • Section 80(1): amended, on , by section 24(3) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
  • Section 80(2): repealed, on , by section 5(1) of the Abolition of the Death Penalty Act 1989 (1989 No 119).
  • Section 80(3): substituted, on , by section 3(1) of the Armed Forces Discipline Amendment Act 1980 (1980 No 37).
  • Section 80(3): amended, on , by section 24(4) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).