Plain language law

New Zealand law explained for everyone

Armed Forces Discipline Act 1971

Repeals, amendments, and savings

Schedule 2: Scale of punishments which may be imposed by Court Martial

You could also call this:

"Punishments given by the Court Martial: what happens if you're found guilty"

Illustration for Armed Forces Discipline Act 1971

You can get different punishments if you are found guilty by the Court Martial. These punishments are imprisonment, dismissal from the Service, detention, reduction in rank, forfeiture of seniority, stay of seniority, a fine, a severe reprimand, or a reprimand. The Court Martial decides which punishment is suitable for you. When the Court Martial gives you a punishment, they follow a scale. This scale says which punishments are more or less severe than others. For example, if you get detention and imprisonment, the Court Martial decides which one is more severe based on how long they last. The Court Martial also compares different combinations of punishments to decide which one is more severe. They look at the most severe punishment in each combination and compare them. If the most severe punishments are the same, they look at the other punishments in the combination.

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 It might be out of date or be missing some parts.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=DLM404256.

This page was last updated on — View changes

Topics:
Crime and justice > Courts and legal helpCrime and justice > Police and safetyWork and jobs > Worker rights
Previous

Schedule 1: Civilians subject to this Act, or

"Who is covered by the Armed Forces Discipline Act when serving overseas"

Next

Schedule 3: Scale of authorised summary punishments, or

"Punishments for doing something wrong in the Armed Forces"

2Scale of punishments which may be imposed by Court Martial Empowered by ss 79, 80

1

The punishments that may be imposed on an offender convicted by the Court Martial are as follows:

    1. imprisonment:
      1. dismissal from His Majesty’s Service:
        1. detention:
          1. reduction in rank:
            1. forfeiture of seniority:
              1. stay of seniority:
                1. a fine:
                  1. a severe reprimand:
                    1. a reprimand.

                          1. Notes
                          • Schedule 2 clause 1: amended, on , by section 76(2) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
                          • Schedule 2 clause 1(a): repealed, on , by section 5(10) of the Abolition of the Death Penalty Act 1989 (1989 No 119).
                          • Schedule 2 clause 1(c): editorial change made by the PCO, on , under sections 86(1) and 87(d) of the Legislation Act 2019 (2019 No 58).

                          2

                          Except as provided in clauses 3 and 4, a punishment specified in any paragraph of the scale prescribed by clause 1 shall be regarded as less severe than any of the punishments that are specified in the preceding paragraphs of that scale.

                            3

                            Detention shall be deemed not to be a less severe punishment than imprisonment if the term of detention is longer than the term of imprisonment.

                              4

                              1. One combination of punishments shall be regarded as being less severe than any other combination of punishments if the most or more severe punishment of the first-mentioned combination is less severe than the most or more severe punishment of the other combination.

                              2. In comparing any 2 combinations of punishments as provided in subclause (1), there shall be excluded from each combination any punishment that is the same in kind and amount as a punishment included in the other combination.

                              5

                              A combination of punishments shall be regarded as being less severe than a single punishment if the most or more severe punishment of the combination is less severe than the single punishment.