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Armed Forces Discipline Act 1971

Arrest and search

93A: Detention in service custody of person charged by civil authority

You could also call this:

"Being held by the military while waiting for trial for a crime"

Illustration for Armed Forces Discipline Act 1971

You are a person subject to the Armed Forces Discipline Act. If you are charged with an offence in a treaty country, you can be held in service custody until your trial. You can also be held in service custody if you are charged with an offence in New Zealand and the court orders your release pending trial. You can be arrested and put into service custody if you are charged with an offence. This means you will be detained in service custody until your trial. Some rules about detention do not apply to you in this situation. The usual rules about service custody apply to you, with some changes. You can be arrested, put into service custody, and detained until your trial. This is what happens when you are charged with an offence and held in service custody.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM403054.

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93: Detention in civil custody of arrested persons, or

"What happens if you're arrested and held by the police or army"

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93B: Detention in service custody of members of visiting force, or

"What happens if a visiting force member breaks the law in New Zealand"

Part 4Arrest and search

93ADetention in service custody of person charged by civil authority

  1. In this section—

    treaty means an agreement between New Zealand and any other country requiring, providing for, or relating to the presence in that country of any persons subject to this Act

      treaty country, in relation to a treaty, means any country (other than New Zealand) that is a party to the treaty.

      1. This section applies to every case where any person subject to this Act (in this section referred to as the defendant)—

      2. is to be tried for an offence by any court of competent jurisdiction in a treaty country, and, by virtue of the treaty or of any order of the court made in accordance with the terms of the treaty, the defendant is to be held in service custody pending his trial; or
        1. is to be tried for an offence by any court of competent jurisdiction in New Zealand or elsewhere, and the court has ordered the release of the defendant from civil custody pending his trial on an undertaking given by any person authorised in that behalf in accordance with Defence Force Orders to ensure that the defendant appears before the court at the appointed time to answer the charge against him.

          1. In any case to which this section applies, the defendant may be arrested and delivered into service custody, and detained in service custody pending his trial.

          2. Nothing in subsections (3) to (7) of section 101 shall apply in respect of any case to which this section applies.

          3. Except as provided in subsection (4), the provisions of this Part, with all necessary modifications, shall apply where any person is arrested, delivered into service custody, and detained in service custody under this section.

          Notes
          • Section 93A: inserted, on , by section 7 of the Armed Forces Discipline Amendment Act 1981 (1981 No 48).
          • Section 93A(2)(b): amended, on , by section 105(1) of the Defence Act 1990 (1990 No 28).