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Armed Forces Discipline Act 1971

Reconsideration of sentences of imprisonment or detention

152: Functions and powers of Authority

You could also call this:

"The Authority's job is to review sentences given by the Court Martial."

Illustration for Armed Forces Discipline Act 1971

The Authority looks at sentences given by the Court Martial. You know the Authority has to check sentences of 6 months or more. The Authority also checks other sentences, but it does not have to. The Authority checks each sentence at least every 6 months while it is being served. If the Authority is late checking a sentence, it does not change the sentence. When working out when to check a sentence, the Authority thinks the person was serving the sentence the whole time they were in custody. This rule does not affect what section 177 or 179 say.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM403674.

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151: Reconsidering Authority established, or

"A group to review prison or detention sentences is set up with a Judge and commanders."

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153: Petition for reconsideration, or

"Asking to Reconsider Your Sentence"

Part 8Reconsideration of sentences of imprisonment or detention

152Functions and powers of Authority

  1. The Authority—

  2. must reconsider every sentence of imprisonment or detention imposed by the Court Martial that is for a term of 6 months or more; and
    1. may reconsider any other sentence of imprisonment or detention imposed by the Court Martial.

      1. The Authority must reconsider each sentence of imprisonment or detention at least once every 6 months while the sentence is being served.

      2. Delay in complying with subsection (1) does not affect or invalidate any sentence of imprisonment or detention imposed under this Act.

      3. For the purpose of determining the date on which a sentence should be reconsidered, an offender must be taken to have been serving the sentence during the whole of any period that the offender was held in custody.

      4. Subsection (4) does not limit or affect section 177 or 179.

      Notes
      • Section 152: substituted, on , by section 44 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).