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Armed Forces Discipline Act 1971

Investigation and summary trial of charges - Preliminary procedures and investigation of charges - Initial referral of charges

111: Accused must be remanded for trial in Court Martial and charge must be referred to Director of Military Prosecutions in certain circumstances

You could also call this:

"You must go to Court Martial if there's no one to deal with your charge"

Illustration for Armed Forces Discipline Act 1971

If there is no one to deal with a charge, you must be sent to the Court Martial for trial. The charge also must be sent to the Director of Military Prosecutions. You will go to the Court Martial if there is no disciplinary officer for your charge. The charge will be referred to the Director of Military Prosecutions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM403412.

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Part 5Investigation and summary trial of charges
Preliminary procedures and investigation of charges: Initial referral of charges

111Accused must be remanded for trial in Court Martial and charge must be referred to Director of Military Prosecutions in certain circumstances

  1. If there is no person who is empowered to act as a disciplinary officer in relation to a charge,—

  2. the accused must be remanded for trial in the Court Martial; and
    1. the charge must be referred to the Director of Military Prosecutions.

      Notes
      • Section 111: substituted, on , by section 37 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).