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Armed Forces Discipline Act 1971

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

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

You could also call this:

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

Illustration for Armed Forces Discipline Act 1971

You have the right to know what happens to the accused or offender. The Director must tell you when the accused or offender is going to be released from custody. They must also tell you if the accused or offender escapes from custody, dies in custody, or dies while on bail. You will get notice of these things as soon as possible. The Director gets this information from the prison if that is where the accused or offender is being held. Custody means being in prison or detention, as described in section 168. The chief executive of the Department of Corrections helps the Director by giving them the information they need to tell you. This way, you can get the notice you are supposed to get.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS147707.

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Topics:
Crime and justice > Victim support
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198J: Notice of release on bail of accused or offender, or

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

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198L: Notice of breach of release or detention conditions, or

"Getting told when someone breaks the rules after being released"

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

198KNotice of release or escape from custody, or of death, of accused or offender

  1. The Director must give a victim to whom this section applies—

  2. reasonable prior notice of the accused’s or offender’s impending temporary or permanent release from custody:
    1. notice, as soon as practicable, of the accused’s or offender’s—
      1. escape from custody, unless the accused or offender sooner returns, or is returned to, the place of custody:
        1. death in custody:
        2. notice, as soon as practicable, of the accused’s or offender’s death while on bail.

          1. In this section, custody means any type of imprisonment or detention that is provided for in section 168.

          2. If the release or escape is from, or the death occurs in, a prison, the chief executive of the Department of Corrections must give the Director notice of the matters described in subsection (1) in order that the Director can give notice to the victim in accordance with that subsection.

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