Armed Forces Discipline Act 1971

Investigation and summary trial of charges - General provisions

103: Disposal of charges by commanding officers

You could also call this:

"What happens when a commanding officer deals with a charge"

Illustration for Armed Forces Discipline Act 1971

You are a commanding officer and you have a charge to deal with. You must investigate and dispose of the charge in the prescribed manner. If you think it is necessary, you can stop the proceedings for a while if you believe the accused should be dealt with in a different way for the sake of justice.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM403090.

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Part 5Investigation and summary trial of charges
General provisions

103Disposal of charges by commanding officers

  1. Every commanding officer must investigate and dispose of a charge before him or her in the prescribed manner.

  2. However, a commanding officer may stay proceedings on a charge before him or her, or before a detachment commander or a subordinate commander, for any time that he or she considers necessary if satisfied that proceedings for the matters to which the charge relates could be, and in the interests of the better administration of justice should be, taken against the accused otherwise than under this Act.

Notes
  • Section 103: substituted, on , by section 37 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).