Armed Forces Discipline Act 1971

Investigation and summary trial of charges - General provisions

104: Disposal of charges by superior commanders

You could also call this:

"What happens when a senior commander deals with a charge in the Armed Forces"

Illustration for Armed Forces Discipline Act 1971

You are a superior commander in the Armed Forces. You must look into and decide on a charge in the correct way. You can stop a charge from going ahead for a while if you think it would be better to deal with it in a different way. This could happen if you think the person accused should face different proceedings.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM403092.

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Part 5Investigation and summary trial of charges
General provisions

104Disposal of charges by superior commanders

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

  2. However, a superior commander may stay proceedings on a charge before him or her 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 104: substituted, on , by section 37 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).