Plain language law

New Zealand law explained for everyone

Armed Forces Discipline Act 1971

Reconsideration of sentences of imprisonment or detention

155: Procedure for reconsideration

You could also call this:

"What happens when your sentence is looked at again"

Illustration for Armed Forces Discipline Act 1971

When your sentence is being reconsidered, you get at least 14 days' written notice. The Authority tells you when this is happening. They also try to tell any victims about the reconsideration. You can ask for a hearing and have a lawyer with you. If you want a hearing, the Authority tells the Director of Military Prosecutions when it is. The Director can come to the hearing and talk. Victims can come to the hearing and talk too. They can have a lawyer or a support person with them. If you do not ask for a hearing, the Authority makes a decision by looking at the papers. A long-term sentence is more than 2 years in prison. A victim is someone who has asked to be told about what is happening and has given their address under section 198I.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM403678.

This page was last updated on — View changes

Topics:
Crime and justice > Courts and legal helpCrime and justice > Victim support
Previous

154: Authority must consider petition for reconsideration, or

"The Authority must think about your petition to change a punishment."

Next

155A: Information for victims, or

"Getting information about a prisoner if you are a victim"

Part 8Reconsideration of sentences of imprisonment or detention

155Procedure for reconsideration

  1. The Authority must give a service prisoner or detainee whose sentence is to be reconsidered at least 14 days’ written notice of the reconsideration.

  2. The Authority must take all reasonable steps to give every victim of the service prisoner or detainee prior written notice of the reconsideration.

  3. A victim of the service prisoner or detainee may—

  4. write to the Authority by a given date, making submissions on, or giving information relevant to, the reconsideration; and
    1. if the reconsideration relates to a prisoner who is subject to a long-term sentence, request information on the prisoner.

      1. The service prisoner or detainee may—

      2. request a hearing before the Authority; and
        1. be legally represented at the hearing.

          1. If the service prisoner or detainee requests a hearing under subsection (2)(a),—

          2. the Director of Military Prosecutions—
            1. must be given reasonable prior written notice of the date and time of the hearing; and
              1. may attend and be heard at the hearing (whether personally or through an agent); and
              2. the Authority must make reasonable efforts to ensure that every victim of the service prisoner or detainee is given reasonable prior written notice of the date and time of the hearing.

                1. Every victim of the service prisoner or detainee is entitled—

                2. to appear and make oral submissions to the Authority for the purpose of assisting the Authority to reach a decision; and
                  1. with the leave of the Authority, to be represented by counsel; and
                    1. to be accompanied by 1 or more support persons (subject to any limitation on numbers imposed by the Authority), who may, with the leave of the Authority,—
                      1. speak in support of the victim; and
                        1. with the permission of the victim, speak on behalf of the victim.

                        2. If the service prisoner or detainee does not request a hearing under subsection (2)(a), the Authority must conduct the reconsideration of the sentence by way of a hearing on the papers.

                        3. In this section,—

                          long-term sentence means a sentence of more than 2 years of imprisonment

                            victim means, in relation to a service prisoner or detainee, a person who has asked for notice and who has given an address under section 198I.

                            Notes
                            • Section 155: substituted, on , by section 44 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
                            • Section 155(1A): inserted, on , by section 9(1) of the Military Justice Legislation Amendment Act 2018 (2018 No 36).
                            • Section 155(1B): inserted, on , by section 9(1) of the Military Justice Legislation Amendment Act 2018 (2018 No 36).
                            • Section 155(3): replaced, on , by section 9(2) of the Military Justice Legislation Amendment Act 2018 (2018 No 36).
                            • Section 155(3A): inserted, on , by section 9(2) of the Military Justice Legislation Amendment Act 2018 (2018 No 36).
                            • Section 155(5): inserted, on , by section 9(3) of the Military Justice Legislation Amendment Act 2018 (2018 No 36).