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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

113: Amendment of charge

You could also call this:

"Changing a Charge in the Armed Forces"

Illustration for Armed Forces Discipline Act 1971

You can have a charge changed after it is made. A disciplinary officer can change the charge or add a new one if they think it is fair. They must follow the rules like they did when the charge was first made, as stated in section 112, section 109, or 110. You get told about the new charge if it is different. The disciplinary officer explains the new charge and tells you about your rights. They can delay the proceedings if you ask for time to think about the new charge. If the disciplinary officer changes the charge after looking into it, that investigation is used for the new charge unless you want a new investigation. This is all part of the process to make sure things are done fairly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM403416.

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

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

113Amendment of charge

  1. A disciplinary officer may, after an accused is brought before him or her on a charge, amend that charge, substitute for it a different charge, or add a new charge, if the disciplinary officer considers that it is in the interests of justice to do so.

  2. Section 112 applies, with all necessary modifications, in relation to the amended, substituted, or additional charge as if that charge had been referred to the disciplinary officer under section 109 or 110.

  3. If the disciplinary officer exercises his or her powers under subsection (1) after investigating the original charge under this subpart, that investigation must be treated as an investigation under this subpart of the amended, substituted, or additional charge unless the accused requires a new investigation to be conducted.

  4. If the amended, substituted, or additional charge differs substantially from the original charge, the disciplinary officer must—

  5. explain the amended, substituted, or additional charge to the accused; and
    1. advise the accused of his or her right to seek an adjournment to consider the charge; and
      1. if requested by the accused to do so, adjourn the proceedings for that purpose.

        Notes
        • Section 113: substituted, on , by section 37 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).