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Armed Forces Discipline Act 1971

Provisions relating to the carrying out of punishments - Imprisonment and detention

169: Committal, removal, release, etc, of members of the Armed Forces serving imprisonment or detention

You could also call this:

"What happens to Armed Forces members who break the law and get imprisoned or detained"

Illustration for Armed Forces Discipline Act 1971

If you are a member of the Armed Forces and you have to serve a sentence, a competent service authority can order you to be taken to a prison or detention quarter. You can be moved from one place to another by order of a competent service authority. The Chief of Defence Force can also order you to be imprisoned or detained if you have been convicted by the Court Martial under this Act, and they can do this by looking at the record of the proceedings of the Court Martial or a copy certified in accordance with section 76 of the Court Martial Act 2007.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM403817.

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Part 9Provisions relating to the carrying out of punishments
Imprisonment and detention

169Committal, removal, release, etc, of members of the Armed Forces serving imprisonment or detention

  1. An order of a competent service authority shall be sufficient authority for the committal—

  2. of a service prisoner to a service prison or to a detention quarter or, if the order so specifies, to a prison; or
    1. of a service detainee to a detention quarter.

      1. An order of a disciplinary officer in respect of a sentence which he himself imposed shall be sufficient authority for the committal of a service detainee to a detention quarter.

      2. An order of a competent service authority shall be sufficient authority—

      3. for the transfer of a service prisoner—
        1. from a service prison or prison to a detention quarter; or
          1. from a detention quarter to a service prison or a prison; or
            1. from a service prison to a prison; or
              1. from a prison to a service prison; or
                1. from one service prison, prison, or detention quarter to another such prison, institution, or quarter; or
                2. for the transfer of a service detainee from one detention quarter to another; or
                  1. for the delivery into service custody of a service prisoner or service detainee.

                    1. Without limiting the provisions of subsections (1) to (3), where any person has been convicted by the Court Martial under this Act and sentenced to imprisonment or detention or to be punished in any other manner, the Chief of Defence Force may, on the production to him of the original record of the proceedings of the Court Martial or of any copy certified in accordance with section 76 of the Court Martial Act 2007, by warrant under his hand, order the person so convicted to be imprisoned, detained, or otherwise punished in accordance with the sentence.

                    2. Where the sentence of any service prisoner or detainee is remitted, he shall be released as soon as practicable thereafter by order of a competent service authority.

                    3. A service prisoner or detainee may during his transfer from one place to another, whether on board a ship, aircraft, or other means of transport, be subjected only to such restraint as may be necessary to ensure his safe conduct and removal.

                    Notes
                    • Section 169 heading: amended, on , pursuant to section 105(1) of the Defence Act 1990 (1990 No 28).
                    • Section 169(1): substituted, on , by section 14 of the Armed Forces Discipline Amendment Act 1980 (1980 No 37).
                    • Section 169(1)(a): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).
                    • Section 169(2): amended, on , by section 46(1) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
                    • Section 169(3)(a)(i): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).
                    • Section 169(3)(a)(ii): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).
                    • Section 169(3)(a)(iii): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).
                    • Section 169(3)(a)(iv): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).
                    • Section 169(3)(a)(v): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).
                    • Section 169(4): amended, on , by section 46(2)(a) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
                    • Section 169(4): amended, on , by section 46(2)(b) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
                    • Section 169(4): amended, on , by section 46(2)(c) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
                    • Section 169(4): amended, on , by section 105(1) of the Defence Act 1990 (1990 No 28).