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Armed Forces Discipline Act 1971

Special provisions for dealing with mentally impaired persons

188: When Court may find accused unfit to stand trial

You could also call this:

"When the Court decides you're too unwell for a trial"

Illustration for Armed Forces Discipline Act 1971

The Court Martial can decide if you are unfit to stand trial. They can do this at any time before or during your trial. They make this decision according to section 188A.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM404013.

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Topics:
Crime and justice > Courts and legal help
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187A: Court Martial to act through Judge alone, or

"Court Martial uses a Judge to decide cases involving someone with a mental impairment"

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188A: Determining if accused unfit to stand trial, or

"Deciding if someone is well enough to go to court"

Part 10Special provisions for dealing with mentally impaired persons

188When Court may find accused unfit to stand trial

  1. The Court Martial may, at any time before or during a trial, determine in accordance with section 188A whether an accused is unfit to stand trial.

  2. Repealed

  3. Repealed

  4. Repealed

  5. Repealed

  6. Repealed
Notes
  • Section 188: substituted, on , by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).
  • Section 188 heading: amended, on , by section 59(1) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
  • Section 188(1): amended, on , by section 59(2) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
  • Section 188(2): repealed, on , by section 14 of the Military Justice Legislation Amendment Act 2018 (2018 No 36).
  • Section 188(3): repealed, on , by section 14 of the Military Justice Legislation Amendment Act 2018 (2018 No 36).
  • Section 188(4): repealed, on , by section 14 of the Military Justice Legislation Amendment Act 2018 (2018 No 36).
  • Section 188(5): repealed, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
  • Section 188(6): repealed, on , by section 14 of the Military Justice Legislation Amendment Act 2018 (2018 No 36).