Armed Forces Discipline Act 1971

Victims’ rights - Notice of certain matters to be given to victim

198J: Notice of release on bail of accused or offender

You could also call this:

"Being told if someone accused of a crime against you is released on bail"

Illustration for Armed Forces Discipline Act 1971

You have the right to know if the person accused of a crime against you is released on bail. The Director must tell you as soon as possible if the accused person is released on bail. They must also tell you about any conditions of their release that affect your safety. You will be told if the accused person is not allowed to contact you or your family. The Director will also tell you if there are any changes to the conditions of the accused person's release. If the accused person's bail hearing is delayed, you will be told the new date. The Director must follow the rules in the Criminal Procedure Act 2011 when giving you this information. This means they cannot tell you something that goes against those rules. The rules about release on bail include release until a trial, during a delay in the trial, until sentencing, or until an appeal is decided.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS147704.

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198I: Application of sections 198J to 198N, or

"Rules for victims of certain crimes to get special help"


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198K: Notice of release or escape from custody, or of death, of accused or offender, or

"Being told what happens to someone accused of a crime if they are released, escape or die"

Part 10AVictims’ rights
Notice of certain matters to be given to victim

198JNotice of release on bail of accused or offender

  1. The Director must, as soon as practicable, give notice of the matters specified in subsection (2) to a victim to whom this section applies.

  2. The matters are—

  3. whether the person accused of the offence (or, as the case requires, the offender) has been released on bail; and
    1. if the person accused of the offence (or, as the case requires, the offender) has been released on bail, any terms or conditions of release imposed at any time that—
      1. relate to the safety and security of the victim, or of 1 or more members of the victim’s immediate family, or of both; or
        1. require the accused or offender not to associate with, or not to contact, the victim, or 1 or more members of the victim’s immediate family, or both; and
        2. the details of any order made by the Court Martial or Judge Advocate General that varies, revokes, or substitutes any term or condition of release referred to in paragraph (b); and
          1. if an application for release on bail has been made and the hearing of that application has been adjourned, the date to which the hearing has been adjourned.
            1. In this section, release on bail includes a release on bail—

            2. until the hearing of proceedings:
              1. during an adjournment of proceedings:
                1. until sentencing:
                  1. until determination of an appeal against conviction or sentence.
                    1. However, nothing in this section requires or permits the Director to give notice of a matter contrary to any provision of or contrary to any order made under subpart 3 of Part 5 of the Criminal Procedure Act 2011.

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                    Notes
                    • Section 198J: inserted, on , by section 21 of the Military Justice Legislation Amendment Act 2018 (2018 No 36).