Armed Forces Discipline Act 1971

20 Limitation of time within which charges may be dealt with summarily or tried under this Act

(1)

A charge alleging that a person has committed an offence against this Act may be tried summarily, or otherwise dealt with, under Part 5 or tried by the Court Martial only if it is so tried or dealt with, or referred to the Director of Military Prosecutions, within 3 years after the alleged commission of the offence.

(1A)

Subsection (1) is subject to subsections (2) to (6).

(2)

Any time during which a person accused of an offence was a prisoner of war, or has been declared by a court of inquiry under section 201 to have been absent without leave or other sufficient reason or was serving a sentence of imprisonment in a civil prison shall not be counted towards completion of the period of 3 years referred to in subsection (1).

(3)

Notwithstanding anything to the contrary in this section, where—

(a)

any person subject to this Act is charged with having committed an offence against section 74 in relation to any act or omission which would, if the act or omission had taken place in New Zealand, have constituted a civil offence within the meaning of that section; and

(b)

the Act constituting that civil offence or, if that Act does not so provide, any other Act provides for a limited period within which a charging document may be filed in respect of that offence—

that period of limitation shall apply in respect of the person charged with having committed an offence against the said section 74.

(4)

A charge alleging that a person who, by virtue of section 18, is to be deemed to be subject to this Act has committed an offence against this Act while he was in fact so subject shall not be tried by the Court Martial unless—

(a)

the charge is referred to the Director of Military Prosecutions within 6 months after the person ceased in fact to be subject to this Act; or

(b)

the offence is against any of the following provisions of this Act:

(i)

subsection (1) of section 23 (aiding the enemy with intent to assist the enemy):

(ii)

subsection (1) of section 24 (communicating with the enemy with intent to assist the enemy):

(iii)

section 26 (spying):

(iv)

section 32 (mutiny):

(v)

section 33 (failure to suppress or report a mutiny):

(vi)

section 47 (desertion):

(vii)

section 74 (an offence against the civil law of New Zealand).

(5)

A charge alleging that a member of the Armed Forces who has ceased to be employed on full-time service has committed an offence against this Act while he was so employed shall not be tried summarily, or otherwise dealt with, under Part 5 or be tried by the Court Martial unless—

(a)

the person is so tried or dealt with or the charge is referred to the Director of Military Prosecutions within 6 months after the person ceased to be so employed; or

(b)

the offence is against any of the following provisions of this Act:

(i)

subsection (1) of section 23 (aiding the enemy with intent to assist the enemy):

(ii)

subsection (1) of section 24 (communicating with the enemy with intent to assist the enemy):

(iii)

section 26 (spying):

(iv)

section 32 (mutiny):

(v)

section 33 (failure to suppress or report a mutiny):

(vi)

section 47 (desertion):

(vii)

section 74 (an offence against the civil law of New Zealand).

(6)

A charge alleging that a person has committed an offence against—

(a)

subsection (1) of section 23 (aiding the enemy with intent to assist the enemy); or

(b)

subsection (1) of section 24 (communicating with the enemy with intent to assist the enemy); or

(c)

section 26 (spying); or

(d)

section 32 (mutiny); or

(e)

section 33 (failure to suppress or report a mutiny); or

(f)

section 47 (desertion)—

may be tried by the Court Martial at any time after the alleged commission of the offence.

Compare: 1950 No 39 s 129; 1950 No 40 s 129; Army Act 1955 s 132 (UK); Air Force Act 1955 s 132 (UK); Naval Discipline Act 1957 s 52 (UK)

Section 20(1): substituted, on 1 July 2009, by section 12(1) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).

Section 20(1A): inserted, on 1 July 2009, by section 12(1) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).

Section 20(2): amended, on 1 July 2009, by section 12(2) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).

Section 20(3)(b): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 20(4): amended, on 1 July 2009, by section 12(3) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).

Section 20(4)(a): substituted, on 1 July 2009, by section 12(4) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).

Section 20(5): amended, on 1 July 2009, by section 12(5) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).

Section 20(5): amended, on 1 April 1990, by section 105(1) of the Defence Act 1990 (1990 No 28).

Section 20(5): amended, on 1 December 1983, by section 3 of the Armed Forces Discipline Amendment Act 1981 (1981 No 48).

Section 20(5)(a): substituted, on 1 July 2009, by section 12(6) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).

Section 20(6): amended, on 1 July 2009, by section 12(3) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).