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Armed Forces Discipline Act 1971

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

173: Imprisonment and detention of members of Armed Forces attached to other forces

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"Rules for Armed Forces members sentenced overseas"

Illustration for Armed Forces Discipline Act 1971

If you are a member of the Armed Forces and you are attached to the forces of another country under section 23 of the Defence Act 1990, and you are sentenced to imprisonment or detention by a court-martial of those forces, this section applies to you. You can be returned to New Zealand to serve your sentence if there is an arrangement in place with the other country. You will be treated as if you were sentenced by the Court Martial under this Act, with some necessary modifications.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM403829.

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

173Imprisonment and detention of members of Armed Forces attached to other forces

  1. This section applies if—

  2. a member of the Armed Forces is attached to the forces of another State under section 23 of the Defence Act 1990 and is sentenced by court-martial of those forces to imprisonment or detention; and
    1. an arrangement is for the time being in force with the appropriate authority in that State that enables the return of the member to serve his or her sentence—
      1. in New Zealand; or
        1. in a prison, or in a service prison or detention quarter established under this Act (whether in New Zealand or elsewhere); and
        2. under that arrangement the member is received into the custody of a New Zealand force (whether in New Zealand or elsewhere).

          1. The provisions of this Act apply to that member in all respects, with the necessary modifications, as if the member had been sentenced by the Court Martial under this Act.

          Notes
          • Section 173: substituted, on , by section 26 of the Visiting Forces Act 2004 (2004 No 59).
          • Section 173(1)(b)(ii): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).
          • Section 173(2): amended, on , by section 49 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).