Plain language law

New Zealand law explained for everyone

Armed Forces Discipline Act 1971

Special provisions for dealing with mentally impaired persons

188E: Outcome of consideration of accused’s involvement

You could also call this:

"What happens if you're found guilty or not guilty in a Court Martial"

Illustration for Armed Forces Discipline Act 1971

You are in a Court Martial and the court is deciding if you were involved in a crime. If the court is not satisfied that you were involved, they must say you are not guilty. The court must also forget that they thought you were unfit to stand trial. If the court is satisfied that you were involved, they must say so and then deal with you according to the law, as stated in section 191. The court will follow this law to decide what to do with you next. You will be treated according to what the law says in this section.

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 It might be out of date or be missing some parts.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=LMS147542.

This page was last updated on — View changes

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
Previous

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

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

Next

189: When plea of not guilty may be substituted for plea of guilty, or

"Changing a guilty plea to not guilty in the Armed Forces"

Part 10Special provisions for dealing with mentally impaired persons

188EOutcome of consideration of accused’s involvement

  1. If the Court Martial is not satisfied of the matter specified in section 188C(2) or 188D(2),—

  2. the Court must record a finding of not guilty on the charge:
    1. the finding that the accused is unfit to stand trial is deemed for all legal purposes to have been quashed.

      1. If the Court Martial is satisfied of the matter specified in section 188C(2) or 188D(2), the Court must—

      2. record a finding to that effect; and
        1. proceed to deal with the accused under section 191.

          Notes
          • Section 188E: inserted, on , by section 16 of the Military Justice Legislation Amendment Act 2018 (2018 No 36).