Armed Forces Discipline Act 1971

Arrest and search

101: Delay in dealing with person after arrest

You could also call this:

"What happens after you are arrested in the Armed Forces"

Illustration for Armed Forces Discipline Act 1971

When you are arrested, the person who arrests you must give a report to the person in charge of the place you are being held. This report must say what you are alleged to have done wrong and it must be given within 24 hours. The person in charge must then tell their officer about your arrest. If you are still being held after 4 days, your commanding officer must write a report to the Judge Advocate General explaining why. They must do this every 8 days if you are still being held without being dealt with under Part 5. You will be dealt with under Part 5 or released from arrest. Your commanding officer must make sure that something happens with your case within 48 hours of your arrest. Either you will be dealt with, or you will be released from arrest. If not, your commanding officer must explain why you are still being held.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM403080.

This page was last updated on View changes


Previous

100: Duty of persons arresting, or

"Telling someone why they are under arrest"


Next

101A: Judge Advocate General may grant bail pending trial, or

"The Judge Advocate General can let you out on bail while you wait for your trial."

Part 4Arrest and search

101Delay in dealing with person after arrest

  1. Where any person has been committed to service custody, the person who committed him shall cause to be delivered at the time of the committal, or, if it is not practicable to do so at that time, not later than 24 hours afterwards, to the person to whose custody the arrested person has been committed a report signed by himself stating the offence that the arrested person is alleged to have committed.

  2. The person to whose custody any such arrested person is committed shall, as soon as practicable after the time of committal, or, if it is not practicable to do so at that time, not later than 24 hours afterwards, notify in writing to the officer to whom it is his duty to report—

  3. so far as may be known to him,—
    1. the name of the arrested person and the offence that he is alleged to have committed; and
      1. the name and the rank or other description of the person who is making the allegation; and
      2. if he has received it, the report required by subsection (1).
        1. Where a person subject to this Act has been placed under arrest in respect of any alleged offence, his commanding officer shall, within 48 hours after the arrest, unless it is impracticable to do so, ensure either—

        2. that proceedings for the hearing and determination of the allegation are set in motion; or
          1. that he is released from arrest.
            1. If any person subject to this Act remains in service custody after the expiration of 4 days from the date of his or her arrest without the alleged offence being referred to the Director of Military Prosecutions for trial by the Court Martial or without him or her being tried summarily, or otherwise dealt with, under Part 5, his or her commanding officer must make a report in writing to the Judge Advocate General stating the reasons for the delay.

            2. The commanding officer must make a report in writing to the Judge Advocate General stating the reasons for the delay at the conclusion of each subsequent period of 8 days, if the person is still held in service custody without the alleged offence being referred to the Director of Military Prosecutions for trial by the Court Martial or without him or her being tried summarily, or otherwise dealt with, under Part 5.

            3. Repealed
            4. Repealed
            Notes
            • Section 101(4): substituted, on , by section 34 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
            • Section 101(5): substituted, on , by section 34 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
            • Section 101(6): repealed, on , by section 34 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
            • Section 101(7): repealed, on , by section 34 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).