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Armed Forces Discipline Act 1971

Investigation and summary trial of charges - Preliminary procedures and investigation of charges - Plea of guilty

117: Plea of guilty

You could also call this:

"What happens when you say you're guilty of a charge in the Armed Forces"

Illustration for Armed Forces Discipline Act 1971

If you plead guilty to a charge, the disciplinary officer will write it down if they think you understand the charge, made the plea by choice, and know what will happen next. The disciplinary officer needs to be sure you understand the charge and its consequences. You must make the plea voluntarily. If you do not plead, plead in a way that cannot be understood, or the disciplinary officer is not satisfied that you understand the charge, they will proceed as if you pleaded not guilty. This means the disciplinary officer is not sure you understand the charge or its consequences. They will continue with the process as if you had pleaded not guilty. The law about pleading guilty is explained in section 37 of the Armed Forces Discipline Amendment Act (No 2) 2007. This law was changed on 1 July 2009. It affects how the disciplinary officer handles your plea.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM403431.

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Part 5Investigation and summary trial of charges
Preliminary procedures and investigation of charges: Plea of guilty

117Plea of guilty

  1. If the accused pleads guilty to the charge, the disciplinary officer must enter the plea on the record of proceedings if the disciplinary officer is satisfied that the accused—

  2. understands the nature of the charge; and
    1. has made the plea voluntarily; and
      1. understands the consequences of the plea.

        1. The disciplinary officer must proceed under this subpart as if the accused had pleaded not guilty if—

        2. the accused refuses to plead; or
          1. the accused pleads unintelligibly; or
            1. the disciplinary officer is not satisfied of any of the matters referred to in subsection (1)(a) to (c).

              Notes
              • Section 117: substituted, on , by section 37 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).