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Armed Forces Discipline Act 1971

Investigation and summary trial of charges - Preliminary procedures and investigation of charges - Certification and amendment of charges

112: Charge must be certified if disciplinary officer may impose certain punishments or make certain compensation orders

You could also call this:

"Get a special certificate before giving big punishments or ordering compensation"

Illustration for Armed Forces Discipline Act 1971

If you are a disciplinary officer, you must think about the charge before the accused person comes to see you. You need to consider if you can give a punishment like detention, reduce their rank, or give them a big fine if they are found guilty. You also need to think about if you can order them to pay a lot of money as compensation. You must get a special certificate before you can proceed with the charge if you think you might give one of these punishments or order compensation. If you have not got the certificate, you must wait until you get it before you can continue with the charge. When you get the certificate, you can bring the accused person before you and continue with the charge. The special certificate is given by a legal officer in the Armed Forces who checks if the charge is correct and follows the rules. You will get the certificate if the legal officer thinks the charge is correct and follows the rules. The certificate will say if the charge is correct and if it follows the rules of procedure. This helps you make a fair decision about the charge.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM403414.

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

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

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113: Amendment of charge, or

"Changing a Charge in the Armed Forces"

Part 5Investigation and summary trial of charges
Preliminary procedures and investigation of charges: Certification and amendment of charges

112Charge must be certified if disciplinary officer may impose certain punishments or make certain compensation orders

  1. A disciplinary officer must, after a charge is referred to him or her under section 109 or 110 but before the accused is brought before him or her, consider whether he or she may, if the accused were found guilty,—

  2. impose a punishment consisting of or including 1 or more of the following:
    1. detention:
      1. reduction in rank:
        1. a fine of an amount that exceeds the accused's basic pay for a period of 7 days; or
        2. order the accused to pay an amount by way of compensation that exceeds the accused's basic pay for a period of 7 days.

          1. In considering the matter under subsection (1), the disciplinary officer—

          2. must have regard to the charge referred to him or her (including the nature of the offence alleged by the charge); and
            1. is not required to have regard to any other information or document, or to make any further inquiries.

              1. The disciplinary officer must stay the proceedings until a specified certificate is received if—

              2. he or she considers that, if the accused were found guilty,—
                1. a punishment consisting of or including 1 or more of the punishments referred to in subsection (1)(a) may be imposed; or
                  1. an order for compensation referred to in subsection (1)(b) may be made; and
                  2. he or she has not yet received a specified certificate.

                    1. The accused must be brought before the disciplinary officer and the disciplinary officer must proceed in relation to the charge in accordance with this subpart if—

                    2. the proceedings are not stayed under subsection (3); or
                      1. the disciplinary officer receives a specified certificate after the proceedings are stayed under subsection (3).

                        1. For the purposes of this Part, specified certificate, in relation to a charge, means a certificate issued by an officer who is a member of a specialist legal branch or corps in the Armed Forces that certifies that, in the opinion of the officer, the charge—

                        2. discloses an offence against this Act; and
                          1. is drawn in accordance with the rules of procedure; and
                            1. is otherwise correct in law.

                              Notes
                              • Section 112: substituted, on , by section 37 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
                              • Section 112 heading: amended, on , by section 6(1) of the Armed Forces Discipline Amendment Act 2010 (2010 No 48).
                              • Section 112(1): substituted, on , by section 6(2) of the Armed Forces Discipline Amendment Act 2010 (2010 No 48).
                              • Section 112(3)(a): substituted, on , by section 6(3) of the Armed Forces Discipline Amendment Act 2010 (2010 No 48).