Armed Forces Discipline Act 1971

Jurisdiction of Court Martial and punishment of offenders

81A: Effect of period spent in custody before being sentenced

You could also call this:

"Time in custody before sentencing is noted, but not always counted"

Illustration for Armed Forces Discipline Act 1971

When you are sentenced to imprisonment or detention, the Court Martial will not consider the time you spent in custody before sentencing. They will note this time on your committal order. This rule does not apply to time spent in custody that is not related to the charge before the Court Martial. When the law talks about custody, it means being held in civil custody or under close arrest. It does not include open arrest. The Court Martial must follow these rules when deciding your sentence. You can find more information about the amendments to this law in the Armed Forces Discipline Amendment Act 2001 and the Armed Forces Discipline Amendment Act (No 2) 2007.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM403002.

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Part 3Jurisdiction of Court Martial and punishment of offenders

81AEffect of period spent in custody before being sentenced

In determining the length of any sentence of imprisonment or detention the Court Martial shall not take into account any period during which the offender has been held in custody but shall specify any such period on the committal order.
This section shall not apply in respect of any time spent in custody that is unrelated to any charge before the Court Martial.
In this section, the term custody means detention in civil custody or under close arrest; but does not include open arrest.

Notes

Section 81A: inserted, on 27 May 1988, by section 5 of the Armed Forces Discipline Amendment Act 1988 (1988 No 89).
Section 81A heading: amended, on 27 September 2001, by section 3(1) of the Armed Forces Discipline Amendment Act 2001 (2001 No 55).
Section 81A(1): amended, on 1 July 2009, by section 25(1) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
Section 81A(1): amended, on 27 September 2001, by section 3(2) of the Armed Forces Discipline Amendment Act 2001 (2001 No 55).
Section 81A(2): amended, on 1 July 2009, by section 25(2) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
Section 81A(2): amended, on 27 September 2001, by section 3(3) of the Armed Forces Discipline Amendment Act 2001 (2001 No 55).