If you are accused of a crime and found unfit to stand trial, the Court Martial must decide if there is enough evidence against you. They need to be satisfied that you probably caused the act or omission that is the basis of the offence. A special hearing will be held to make this decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS147528.

This page was last updated on 1 January 2026 — View changes

Topics:

Crime and justice > Courts and legal helpCrime and justice > Criminal law

188B: Court Martial may postpone finding as to unfitness to stand trial, or

"Court Martial can delay deciding if someone is fit to stand trial"

188D: Inquiry during trial into accused’s involvement in offence, or

"Checking if you did the crime when you're on trial"

Part 10Special provisions for dealing with mentally impaired persons

188CInquiry before trial into accused’s involvement in offence

This section applies if, before trial, the accused is found unfit to stand trial.
The Court Martial must decide whether the Court is satisfied, on the balance of probabilities, that the evidence against the accused is sufficient to establish that the accused caused the act or omission that forms the basis of the offence with which the accused is charged.
A special hearing must be held to ascertain whether the Court Martial is satisfied of the matter specified in subsection (2).

Notes

Section 188C: inserted, on 30 November 2018, by section 16 of the Military Justice Legislation Amendment Act 2018 (2018 No 36).