Armed Forces Discipline Rules of Procedure 2008

Reprint as at 1 September 2017

Coat of Arms of New Zealand

Armed Forces Discipline Rules of Procedure 2008

(SR 2008/237)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 4th day of August 2008

Present:
His Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These rules are administered by the New Zealand Defence Force.

Pursuant to section 150 of the Armed Forces Discipline Act 1971, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following rules.

Contents

1Title
2Commencement
3Interpretation
4Calculating periods of time
5Application of rules
6Forms
7Drawing of charge
8Form of specified certificate
9Information to be disclosed to accused
10Form of disclosure
11Timing of disclosure
12Additional disclosure
13Record of disclosure
14Pleas and findings on alternative charges
15Explanation of implications of election and recording of election
16Withdrawal of election of trial by Court Martial
17Advice to be given by disciplinary officer about procedure to be followed in summary trial
18Audio recording must be made of proceedings
19Record to be kept if audio recording cannot be made
20Procedure to be followed by disciplinary officer after decision to refer charge
21Application of this Part
22Powers to authorise departure from rules, etc
23Forms
24Form of notice of appeal
25Persons required or authorised to sign notices and other documents
26Application for extension of time
27Form must be treated as application for extension of time if notice given out of time
28Disparity of sentences
29Form of special reference by Judge Advocate General
30Form of petition to Judge Advocate General for special reference
31Steps to be taken by disciplinary officer on receiving copy of notice of appeal
32Documents required to be sent to Registrar
33Disclosure of report from disciplinary officer
34Authorities bundles
35Registrar to give parties notice of fixture for oral appeals
36Timing of submissions on merits
37Right of reply at oral hearing
38Period allowed for making written submissions on merits: submissions by appellant
39Period allowed for making submissions on merits: respondent’s submissions and submissions in reply
40Timing of appeal on papers
41Delivery of judgments
42Judges to be identified
43Abandonment of appeal
44Persons to be heard by Summary Appeal Court before restitution order annulled or varied
45Successful appellant entitled to return of amount paid towards fine
46Register must be kept
47Mode of giving notice to Summary Appeal Court
48Mode of giving notice to parties
49Summary Appeal Court order may enforce rules
50Effect of non-compliance with rules
51Cases not provided for in rules
52Power to extend or shorten time appointed by rules or fixed by order
53Correction of accidental slip or omission
54Security of documents, etc
55Application of this Part
56Interpretation
57Form of charge sheet
58Error in heading to charge sheet
59Charge sheet may contain more than 1 charge
60Drawing of charge
61Charges against more than 1 person
62Additional disclosure
63Notice of objection against assignment of person as military member
64Accused to be allowed sufficient opportunity to prepare defence
65Appointment of defender or counsel
66Information to be given to accused following remand
67Conditions under which evidence of alibi may be given
68Time when evidence as to alibi to be given
69Rights of counsel
70Duties of prosecutor and counsel
71Judge to declare Court Martial in session
72Administration of oaths
73Officers under instruction
74Rulings by Judge on question of law or procedure
75Order of trial when 2 or more accused
76Accused to be arraigned
77Accused may plead to jurisdiction of Court Martial
78Accused may plead in bar of trial
79Application for separation of trials
80Application for severance of charge sheets
81Application for severance of charges
82Accused may object to charges
83Plea to charge
84Acceptance of plea of guilty
85Recording of plea
86Procedure after recording plea of guilty
87Pleas on alternative charges
88Mixed pleas of guilty and not guilty
89Accused may enter guilty plea before trial at hearing before Judge sitting alone
90Guilty plea before trial: procedure at hearing before Judge sitting alone
91Guilty plea before trial: procedure following hearing before Judge sitting alone
92Change of plea
93Application for adjournment following plea of not guilty
94Admission by agreement
95Opening and presentation of case
96Obligation to give notice of evidence not contained in documents or information disclosed
97Notice to accused that prosecution witness not to be called
98Witness to be sworn
99Exclusion of witness from courtroom
100Questions by members of Court Martial
101Accused may submit no case to answer
102Rulings on submission of no case to answer
103Judge must advise accused of accused’s rights
104Evidence in rebuttal
105Closing addresses by prosecution and defence
106Calling and recalling of witnesses before summing up
107Judge to sum up
108Deliberation on finding
109Form of finding
110Recording and announcement of finding
111Finding of guilty after plea of guilty
112Proof of facts
113Evidence on accused’s record, etc, to be considered: prosecution evidence relevant to sentence
114Evidence on accused’s record, etc: accused’s rights and evidence relevant to sentence
115Judge may call evidence relevant to sentence
116Addresses on sentence
117Request by accused for other offences to be taken into account
118Sentence and recommendation of mercy
119Announcement at conclusion of trial
120Trial of charge in other charge sheet
121Finding of guilty where mixed pleas of guilty and not guilty
122Withdrawal of charge
123Amendment or division of charges
124Determination before trial of fitness of accused to stand trial
125Procedure at special hearing before trial
126Determining if accused unfit to stand trial
127Determination during trial of fitness of accused to stand trial
128Exhibits
129Referral of order for new trial to Director of Military Prosecutions
130Record of evidence may be read as evidence at new trial
131Preparation of record of proceedings
132Custody and inspection of record of proceedings
133Transmission of record of proceedings to Registrar
134Sitting of Court Martial
135Powers to authorise departure from rules, etc
136Mode of giving notice to Court Martial
137Mode of giving notice to parties
138Cases not provided for in rules
139Power to extend or shorten time appointed by rules or fixed by order
140Correction of accidental slip or omission
141Petition for reconsideration
142Promulgation of decision
143Procedure where person affected by inquiry wishes to call witness
144Person adversely affected entitled to copy of record of proceedings
145Applications for bail
146Warrant to arrest person absconding or breaching bail condition
147Witness summons
148Order for compensation
149Suspension of order for compensation
150Order for restitution
151Suspension of order for restitution
152Revesting of stolen property
153Suspension of revesting of stolen property
154Witnesses’ expenses
155Application of rules
156Who may administer oaths and affirmations
157Manner of taking oath: Christian and Jewish forms
158Manner of making solemn affirmation
159Manner of swearing member of Court Martial
160Manner of swearing officer under instruction in Court Martial
161Manner of swearing persons responsible for recording and transcribing proceedings of Court Martial
162Manner of swearing interpreter
163Manner of swearing witness
164Revocation
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